The Refugee Legal Centre (RLC) has defended a £40,000 bill it ran up in a case that left the High Court calling for immigration lawyers to be on their guard over unmeritorious claims.

The Legal Services Commission (LSC) has also stuck by its decision to grant legal aid in the case of a Jamaican woman who came to the UK as a temporary visitor but who failed to leave on the grounds that her ex-boyfriend was violent. She said her life was in danger as the Jamaican police had failed to protect her.


The immigration appeal tribunal found against her. The LSC granted funding for a judicial review, but last week Mr Justice Collins said that the case - which was dependent on a lead case involving similar circumstances - should not have been pursued. He said lawyers should take greater care in going ahead with 'totally unmeritorious claims' that were aimed at delaying deportations that 'should have taken place years ago'.


RLC chief executive Barry Stoyle said it was grateful for the court's guidance on the matter, but he stood by the decision to pursue the challenge. 'When we applied for funding from the LSC, they agreed that we had an arguable point of law,' he explained.


An LSC spokesman said it had tightened up its procedures since funding for that case was granted, and argued that it would have been inequitable for the person involved in the lead case to remain in the UK pending an appeal while the RLC's client was deported.