Appeal cases: MPs warn of 'serious denial of justice' if solicitors discouraged from work

Government moves to restrict legal aid for asylum appeals were this week condemned by the Constitutional Affairs Select Committee.


Under the scheme, scheduled to start on 4 April, solicitors will not be paid until after an appeal case is heard, and in most instances, only if the case were successful.


Lawyers, especially from small firms or charities, may be reluctant to take on cases unless they are certain of success, a report from the committee said, warning that this could lead to a denial of justice.


While the government has denied that the scheme amounts to no win, no fee, the committee has backed concerns expressed by the Law Society and others that the proposals could deny justice to appellants who could face death, torture or other degrading treatment if they cannot appeal and are deported.


A previous failed attempt to restrict the right of asylum and immigration seekers to appeal to the High Court was criticised by the committee last year. The new report says the government should not be able to use the legal aid system to restrict legitimate appeals.


Chairman Alan Beith, a senior Liberal Democrat MP, said: 'The government has set the bar too high on this occasion. No one would argue that frivolous asylum and immigration cases should be funded by the public purse. However, these proposals swing too far in the other direction.


'Few solicitors will want to take on cases if there is a significant chance that they won't be paid. This could happen even if the appeal is considered by a judge to have some merit. Discouraging solicitors and barristers from taking on all but the most cast-iron cases could amount to a serious denial of justice. The government must rethink its position.'


Law Society President Edward Nally said it was not too late for the government to suspend the new regulations until it had assessed the impact of the new Asylum and Immigration Tribunal.


He added: 'Asylum solicitors are already among the lowest paid in the profession. I fear many of them will stop doing this work if there is a risk they might not get paid. We think many good immigration and asylum solicitors will be driven away from publicly funded asylum work.'