Freemovement - Say No to Deportations & Removals


                                  News & Views - Week Monday 26th September to Sunday 2nd October 2011

The dead begin to speak up in India
Kashmir is one of two war zones in India from which no news must come. But those in unmarked graves will not be silenced. While the government goes about trying to silence the living, the dead have begun to speak up. Perhaps it was insensitive of Barsamian to plan a trip to Kashmir just when the state human rights commission was finally shamed into officially acknowledging the existence of 2,700 unmarked graves from three districts in Kashmir. Reports of thousands of other graves are pouring in from other districts. Perhaps it is insensitive of the unmarked graves to embarrass the government of India just when India's record is due for review before the UN human rights council.
Arundhati Roy,, Friday 30 September 2011

Asylum seekers 'prevented from lodging cases'
Asylum seekers are being prevented from lodging claims for permission to stay in the UK unless their lawyers threaten legal action, according to the Law Society.

In a strongly worded criticism of shortcomings at the Asylum Screening Unit (ASU) in Croydon, south London, the body which represents solicitors complains of "degrading treatment", telephones constantly engaged or rarely answered and individuals who arrive in person being sent away.

The letter, sent to the head of the ASU and the United Nations High Commissioner for Refugees (UNHCR), highlights concerns voiced by other groups about facilities in Croydon – the only place in the whole of the UK where asylum claims can be made.
Owen Bowcott,, Thursday 29/09/11

Khethiwe Mashavave - Won't be Flying Tonight
We have official word that Khethiwe is not being deported to Zimbabwe today!

This gives her solicitors a chance to put together her case.  She is still detained and is likely to be served a further removal notice, but today she is safe!

Many thanks to all who have responded to the alert for Khethiwe, but the struggle goes on till the Home Secretary gives her refugee protection.

Khethiwe Mashavave Belongs to Bristol - Not Robert Mugabe

International Day Of Protest Against Killing Of Hazaras

Stockholm , Oslo, Melbourne, Sydney,  London, New York, Karachi, Islamabad, Toronto, Darwin  and growing as the Hazara diaspora communities  stand together  to bring to the world's attention the growing slaughter of Hazaras by the Taliban.

Peaceful protest:
Monday 3rd October 2011: 12:00pm - 3:00 pm
Pakistan High Commission
34-36 Lowndes Square

The Hazaras are a minority people in Afghanistan. They have been historically persecuted and driven off their lands. Many have fled to Iran where they are exploited and Pakistan where they are being killed daily.

Hazara history is a story of massacres and flight to survive.  Most recently Lashkar e Janghvi, a banned Sunni militant outfit, claimed responsibility for this recent assault and in June 2011, issued this warning:

"Just as our fighters have waged a successful jihad against the Shia-Hazaras in Afghanistan, our mission [in Pakistan] is the abolition of this impure sect and people, the Shias and the Shia-Hazaras, from every city, every village, every nook and corner of Pakistan. Like in the past, [our] successful Jihad against the Hazaras in Pakistan and, in particular, in Quetta is ongoing and will continue [in the future]. We will make Pakistan their graveyard — their houses will be destroyed by bombs and suicide bombers."

They have claimed responsibility for recent attacks. On 31st August, 2011, on the occasion of Eid, as Hazaras were celebrating the end of the holy month of Ramadan, Lashkar e Janghvi carried out their threat. They attempted a mass casualty suicide bombing of the biggest mosque in Quetta. They were stopped by Hazara community members, 11 of whom were killed, including a 4 year old girl and a 70 year old man.

On 20th September 29 people were pulled out of a bus separtaed from other bus pasasengers based on their Hazara ethnicity and then shot dead.

All Hazaras are now being targeted not just men, political activists or businessmen, but women are shot at on buses whilst going to the market and young boys are shot at on motorbikes by masked men. The leader of Lashkar e Janghvi is free in Pakistan, making speeches against the Shia community, planning his next assault on the Hazaras. The Hazara community is deeply fearful that a genocide is next.

Hazara Organisation UK:

Cameroon: End 'discriminatory' anti-gay laws
The Cameroonian authorities must end the persecution of gays and lesbians and repeal laws that criminalize consensual same-sex relations, five human rights organizations said today in an open letter to the President of Cameroon, Paul Biya.

Amnesty International and Human Rights Watch joined the International Gay and Lesbian Human Rights Commission (IGLHRC), L'Association pour la Défense des Droits des Homosexuel(le)s (ADEFHO) and Alternatives Cameroun in urging the government to release all individuals detained under the discriminatory law.

"This use of criminal law to punish private sexual activity between consenting adults contravenes international human rights laws that Cameroon has signed and ratified," said Salil Shetty, Secretary General of Amnesty International. We are receiving an increasing number of reports that individuals are being targeted not only because of their sexual behaviour, which is the subject of these discriminatory laws, but because of their real or perceived sexual orientation or gender identity. This use of criminal law to punish identities, as well as behaviours, is deeply concerning," he added.

The organizations also ask that the government take steps to ensure the end of detentions, arrests and harassment of individuals on the grounds of their real or perceived sexual orientation or gender identity.
Refworld, 26 September 2011

Khethiwe Mashavave Belongs to Bristol - Not Robert Mugabe

Khethiwe Mashavave a national of Zimbabwe and 10 years a resident of Bristol. Is currently detained in Yarl's Wood IRC and due to be forcibly removed from the UK on Kenyan Airways flight KQ 101 at 20:00 hrs on Thursday 29th September, for onward transit on KQ 700 to Zimbzbwe.

Khethiwe is a human rights activist who has lived in the UK for nearly ten years. Her long involvement in community and human rights work is well known in Bristol. She was a founder member of the Bristol branch of the MDC in 2008. She has been highly prominent in Bristol community affairs. Her photographs and speech is on the internet. Returning her to Mugabe and his regime would be extremely dangerous for Khethiwe. There are serious fears for her life. 

The Zimbabwean regime is known world-wide for denial of human rights and the arbitrary persecution of anyone who does not actively support President Mugabe. UK policy has in the past recognised that to have sought asylum in UK is enough to endanger a Zimbabwean; returns have restarted but there is no evidence that the situation has become safer. No-one knows what has happened to people who have been deported in the last few months. 

Zimbabwe is a Failed state the 4th worst in the world: A failed state has little or no governance, endemic corruption, profiteering by ruling elites, very poor Human Rights, the government cannot/will not protect the population from others or itself, massive internal conflict, forced internal/external displacement, institutionalised political exclusion of significant numbers of the population, progressive deterioration of welfare infrastructure (hospitals, clinics, doctors, nurses) not adequate to meet health, needs, progressive economic decline of the country as a whole as measured by per capita income, debt, severe child mortality rates, poverty levels.

Khethiwe has been poorly represented in the past by solicitors. A recent refusal was not communicated to her; she missed the deadline for appeal and was detained without warning last week at the police station. She has new solicitors who given time are prepared to present her case afresh.

Khethiwe has earned her place in the community in Bristol. For over nine years, she has contributed her time generously through her church, through Zimbabwean organisations and through the Bristol Refugee Welcome Centre. At the launch of Bristol as a City of Sanctuary in June 2011, she took her seat on the platform with Bristol civic leaders in June and stood proudly to speak her confidence in the city of Bristol and the need for all asylum seekers to be treated with respect, dignity and love.

Khethiwe's Bristol community have rallied to try and stop the removal, several local protests, lots of leafleting, now they are asking you to get behind them and Khethiwe.

What you can do to help

1) Email/Fax/Phone, Sam Okwulehie, Group Area Manager Kenya Airways. Urge him not to carry out the forced removal of Khethiwe Mashavave. Due to be forcibly removed from the UK on Kenyan Airways flight KQ 101 at 20:00 hrs on Thursday 29th September, for onward transit on KQ 700 to Zimbzbwe.

Download model letter KhethiweMashavaveKA.doc you can copy/amend/compose your own.

Put as much pressure on this airline as you can, to make them consider if it's worth the damage to their reputation to continue as one of UKBA's deportation airlines.

Fax: 020 8745 5027 (Or from outside the UK + 44 20 8745 5027)
Phone: 020 8759 7366 (Or from outside the UK + 44 20 8759 7366)

2) Email/Faxing Theresa May, Home Secretary
Ask her to exercise her discretionary powers to stay the removal and release Khethiwe Mashavave from detention and to grant Khethiwe protection in the UK.

Download model letter, KhethiweMashavaveTM.doc or alternatively write your own one. Please remember to quote Khethiwe Mashavave's Home Office Reference number M1230703 in any correspondence.

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St
London SW1 4DF
Fax: 020 7035 4745

"CIT - Treat Official" <>


3) Email/Fax Nick Clegg, Deputy Prime Minister: Ask him to intervene with the Home Secretary Theresa May to stop the forced removal of Khethiwe Mashavave. due to be forcibly removed from the UK on Kenyan Airways flight KQ 101 at 20:00 hrs on Thursday 29th September, for onward transit on KQ 700 to Zimbzbwe.

Downlad model letter KhethiweMashavaveNickClegg.doc. You can copy, amend or write your own version - if you do please remember to include the following: Khethiwe Mashavave, Home Office Reference: M1230703, is currently in detention @ Yarl's Wood IRC and due to be forcibly removed from the UK on Kenyan Airways flight KQ 101 at 20:00 hrs on Thursday 29th September, for onward transit on KQ 700 to Zimbzbwe.

Nick Clegg - Deputy Prime Minister's Office
Cabinet Office
70 Whitehall
Correspondence Section:
Tel: 020 7276 0527
Fax: 020 7276 0514

Please let the Campaign know of any actions taken:

No Charter Flight to Sri Lanka - only two day to act

UKBA have detained over 50 nationals of Sri Lanka, in several Immigration Removal Centres and have set removal directions for all of them. They are due to be forcibly removed from the UK on Charter Flight PVT 030 @ 15:00 hrs on Wednesday 28th September to Sri Lanka. Sri Lanka is still in a dangerous/perilous state and not safe for any opponents of the present Sri Lankan regime to be returned.

Sri Lanka Post-War - Risk of return to violence growing
More than two years after the end of Sri Lanka's civil war, the political situation in the country remains deeply worrying. The unique opportunity the government has to build a lasting and just peace after the defeat of the Liberation Tigers of Tamil Eelam (LTTE) is being lost.The government has not taken credible steps to ensure accountability for the grave allegations of war crimes and crimes against humanity identified in the April 2011 report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka. Nor has the government pursued policies to reconcile the country's ethnic communities after decades of political violence and conflict. Instead, its post-war agenda has been to further centralise power, expand the role of the military, undermine local civilian authorities, and politicise the institutions that should uphold the rule of law and combat impunity. As argued in Crisis Group's most recent report, the risk of an eventual return to violence is growing again.
<>International Crisis Group

Sri Lanka is still in the top 25 countries considered to be a failed state, a failed state is characterised by having little or no proper governance, endemic corruption, profiteering by ruling elites, very poor Human Rights, the government cannot/will not protect the population from others or itself, massive internal conflict, forced internal/external displacement, institutionalised political exclusion of significant numbers of the population.

Many of those the UKBA intend to forcibly remove on Wednesday have strong links in the UK and UKBA as is their custom, is riding roughshod over their Article 8 Rights. And in general denying all those to be removed there Human rights.

Those detained and supporters outside are asking for your support to campaign against these forced removals. They are asking, that the Home Secretary, the Deputy Prime Minister and the company 'Inflite the Jet Centre' which is facilitating the forced removal be made aware, that this forced removal will endanger all those being removed.

'Inflite the Jet Centre' is facilitating forced removals by allowing UKBA to use 'Inflites' facilities at Stanstead Airport. The company boasts it is a family run business. Penny-Annette Stephens, CEO at Inflite The Jet Centre is an ardent supporter of Margaret Thatcher.

Reckless endangerment:
Ms. Stephens by cooperating with UKBA in enforcing their immigration polices, may well be guilty of 'Reckless Endangerment'. A concise definition of which is, 'A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. "Reckless" conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused's conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others.'

What you can do to help:

1) Email/Fax/Phone, Penny-Annette Stephens, CEO 'Inflite the Jet Centre'. Demand that she immediately informs the Home Secretary that 'Inflite', will not facilitate the forced removal of of any Sri Lankan's by charter flight on Wednesday 28th September. Further that 'Inflite' will desist altogether from providing UKBA with use of their premises for any future UKBA planned charter flights.

Download model letter: Penny-Annette Stephens.doc

Inflite The Jet Centre
Round Coppice Road
Stansted Airport
Essex CM24 1AE

Phone: 01279 831000
Fax: 01279 837900

2) Email/Fax Theresa May, Home Secretary
Insist that the Home Secretary cancels immediately Charter Flight PVT 030 @ 15:00 hrs on Wednesday 28th September to Sri Lanka. As Sri Lanka, is still in a dangerous/perilous state and not safe for any opponents of the present Sri Lankan regime to be returned.

Download model letter:: SriLankaTM.doc

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St
London SW1 4DF

Fax: 020 7035 4745


"CIT - Treat Official" <>

3) Email/Fax Nick Clegg, Deputy Prime Minister: Ask him to intervene with the Home Secretary Theresa May to stop the forced removal of any and all Sri Lankan nationals, due to be forcibly removed by Charter Flight PVT 030 @ 15:00 hrs on Wednesday 28th September. Sri Lanka is still in a dangerous/perilous state and not safe for any opponents of the present Sri Lankan regime to be returned.

Download model letter: SriLankaNC.doc

Nick Clegg - Deputy Prime Minister's Office
Cabinet Office
70 Whitehall
Correspondence Section:
Tel: 020 7276 0527
Fax: 020 7276 0514

The 'Butchers Apron' ~ aka the 'Union Jack'

In the last 4 years, 104,834 people have been removed/deported back to Commonwealth countries.

The vast majority of people who make it to the UK, seeking asylum come from former British Colonies. Countries that the UK plundered of natural resources and when forced to depart, left most of the countries in political/economic turmoil the ramifications of which still bedevil these countries today.

The legacy of the British Empire MUST be front and centre when we make arguments about the injustice of immigration controls. "We are here because you were there and are still there" is critically relevant.
Read the full article here . . . .

EU legal threat over UK benefits
The European Commission has threatened legal action against the UK, saying a test of eligibility for benefits discriminates against foreigners. The UK's "right to reside" basis for benefits is automatic for UK nationals but assessed for other EU nationals. The commission said this breached EU law and gave the UK two months to say how it would bring its rules into line.

The government said Britons "should be gravely concerned" at EU erosion of states' rights to run their affairs. Ministers fear taxpayers could be forced into handing out more than £2bn to EU nationals, including so-called "benefits tourists".

A range of UK benefits - child benefit, child tax credit, state pension credit, jobseekers' allowance and unemployment support allowance - are given only to those with a "right to reside".

But the European Commission says the assessment of that for overseas nationals is a breach of EU social security co-ordination rules giving all citizens equal rights.
BBC News, 30 September 2011

Sri Lankan Charter Flight - Not everyone was removed

No final, but at least 9 detainees were taken off the plane after last minute legal arguments in the High Court. Many thanks to all who responded to alert.

From the Guardian this morning
A number of Tamils who had been taken into detention in recent weeks after the failure of their asylum applications were told at the last moment on Wednesday that they would not be put on the flight due to depart that afternoon, as had been planned.

After several hours of protracted legal wrangles, which saw several Tamils taken off the aircraft and returned to detention centres, the flight left from Stansted airport in Essex at around 8:00pm, five hours later than planned.

As lawyers for some of the individuals lodged last-minute appeals, the Home Office claimed that arrangements to monitor the welfare of the deportees had been sub-contracted to the International Organisation for Migration (IOM), an inter-governmental body. "They do it on our behalf," a spokesman said.

When the IOM denied this, the Border Agency conceded that the only measure being taken to ensure the safety of Tamils who are forcibly removed from the UK to Sri Lanka is to give them the telephone number and address of the British high commission in Colombo.
UK not monitoring safety of Tamils deported to Sri Lanka

Zimbabwean Shamiso Kofi - Facing Removal 5th October
The Zimbabwe Vigil is campaigning to prevent the deportation of one of its regular supporters, Shamiso Kofi (also known as Caroline Shamiso Tagarira). There is a ticket booked for her to Kenya on Kenyan Airways on 5th October. There is no onward ticket to Zimbabwe which is puzzling as she is Zimbabwean and is unlikely to be allowed to stay in Kenya. Shamiso is particularly noticeable at the Vigil because of her strong lead in the singing and dancing. This means that she features prominently in many of the photos of the Vigil and therefore more at risk of being noticed by the authorities in Zimbabwe if returned. We will be running the following petition at the Zimbabwe Vigil on Saturday afternoon.

"To the UKBA / Home Office
We, the undersigned, are worried about the proposed deportation of one of our regular supporters, Shamiso Kofi (also known as Caroline Shamiso Tagarira). She is one of our most passionate dancers and singers and is very noticeable at the Vigil because of this. There are many photos of the Vigil on the internet and in some of them Shamiso features prominently. We think there are serious concerns about her safety if she is returned to Zimbabwe because it is very likely she could be recognized and brutally treated. We appeal the UKBA / Home Office to halt this deportation on the grounds that Shamiso's safety is not certain if she is returned to Zimbabwe."

We would be very grateful for any help you can give with this matter. Thanks.

Rose Benton
Zimbabwe Vigil Co-ordinator

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe.

Detention of mentally ill foreign national violated Convention rights
R (on the application of S) v Secretary of State for the Home Department [2011] EWHC 2120 (Admin) - read judgment

The High Court has found that the Secretary of State unlawfully detained a mentally ill foreign national who was awaiting deportation. By failing to notify the claimant of the deportation order in good time or to follow the Home Office's own published policies on the detention of mentally ill persons, and by detaining the claimant in degrading conditions, the Secretary of State had breached Article 3 (prohibition of inhuman and degrading treatment) and Article 5 (right to liberty and security of person) of the Convention.
Daniel Sokol, UK Human Rights Blog, 29/09/11

Schools must stop spreading homophobic and transphobic messages
In schools across Europe young persons are being harassed because of their sexual orientation or gender identity. Homophobic and transphobic bullying is an every day reality in the lives of many. It is time to react – especially in view of several national studies and reports warning that there have been a number of suicides among young lesbian, gay, bisexual and transgender (LGBT) persons feeling rejected by their peers and families.

The scope of this problem appears to be large. A study in the United Kingdom showed that nine in ten secondary school teachers had witnessed children being subjected to homophobic bullying in their schools. Among primary school teachers two in five had made similar observations regarding children at this very early stage.

Such studies have also demonstrated that children in primary schools use homophobic remarks alarmingly often. They pick up and repeat negative jargon, most often without even understanding what the words refer to. Read more
Thomas Hammarberg, Commissioner for Human Rights

Failing Oversight: Iraq's Unchecked Government
After years of uncertainty, conflict and instability, the Iraqi state appears to be consolidating by reducing violence sufficiently to allow for a semblance of normalcy. Yet in the meantime, it has allowed corruption to become entrenched and spread throughout its institutions. This, in turn, has contributed to a severe decay in public services. Prime Minister Nouri al-Maliki's government has exacerbated the problem by interfering in anti-corruption cases, manipulating investigations for political advantage and intimidating critics to prevent a replication of the type of popular movements that already have brought down three regimes in the region. The government's credibility in the fight against corruption has eroded as a result, and this, together with troubling authoritarian tendencies, is giving ammunition to the prime minister's critics. To bolster its faltering legitimacy, Maliki's government will have to launch a vigorous anti-corruption campaign, improve service delivery and create checks and balances in the state system.
International Crisis Group, Report N°113 26 Sep 2011

- Third Country Removals - Greece & all Countries

According to Advocate General Trstenjak, asylum seekers may not be transferred to other Member States if they could there face a risk of serious breach of the fundamental rights which they are guaranteed under the Charter of Fundamental Rights

In this context, the transferring Member State may proceed on the assumption that those rights will be respected; if that assumption is shown to be misplaced, however, that Member State is under an obligation to exercise its right to assume responsibility for examining the asylum application itself

Opinions of the Advocate General in Joined Cases C-411/10 N.S. v Secretary of State for the Home Department and C-493/10 M.E. and Others v Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform

Update - Third Country Removals

NS (Saeedi) - Dublin returns to Greece (and other countries . . )

This briefing on the judgement is reprinted by kind permission:

Migrants' Law Project at Islington Law Centre

Following the tragic demise of IAS in July, the Migrants' Law Project at Islington Law Centre has now taken conduct of NS (Saeedi), the lead case on returns under the Dublin Regulation and whether the EU Charter of Fundamental Rights could be relied on in the UK. The reference to the Court of Justice (CJEU) had been made by the Court of Appeal in July 2010. It asked about the effect of the UK and Polish Protocol (so-called 'opt out') to the EU Charter of fundamental Rights in Dublin cases, the circumstances in which a risk of a breach of the Charter or of the asylum directives (the Reception, Procedures and Qualification Directives) would preclude transfer under the Regulation, and the compatibility with fundamental rights of the UK's third country deeming provision.

The case was heard before the Grand Chamber of the CJEU in Luxembourg on 28 June. Mr Saeedi was represented at the hearing by Mark Henderson and Alison Pickup (counsel) and Sheona York (IAS). 12 Member States intervened in the case along with UNHCR, the Equality and Human Rights Commission, and Amnesty International/AIRE. It was heard with an Irish reference ME (C-493/10). On Thursday 22nd September 2011, Advocate General Trstenjak has delivered her opinion.

The opinion is really positive - the AG holds that Member States are bound by the Charter to take responsibility for examining asylum claims where there is a serious risk that the responsible state under Dublin (in this case Greece) would not comply with asylum seekers' fundamental rights under the relevant articles of the Charter. She also holds that the deeming provision in the 2004 Act is incompatible with Article 47 of the Charter. (In Nasseri, the Court of Appeal and House of Lords had reversed the declaration of incompatibility granted by the Admin Court under the HRA in relation to the deeming provision.)  She holds that the UK and Polish Protocol is not an 'opt out' from the Charter for these Member States, and in general simply reiterates the provisions of the Charter itself.

The CA had referred seven questions and in summary the AG's opinion is that:

- Member States are implementing EU law when they decide whether or not to transfer an asylum seeker under the Regulation, so are bound to comply with all aspects of EU law, including EU fundamental rights, when making such decisions (the SSHD had argued in the Court of Appeal that they were not implementing EU law).

- Member States are not entitled to apply a conclusive presumption that other EU Member States comply with EU fundamental rights or with their obligations under the Directives (again, an argument advanced by the SSHD in the Court of Appeal, although not maintained by the UK government in the CJEU).

- There is a presumption that other EU Member States comply with EU fundamental rights but it is rebuttable and asylum seekers must be given an effective opportunity to rebut it in national courts (subject to which, the procedure for such cases is a matter for the national legal orders).

- Where there is a serious risk that an asylum seeker's rights under the relevant articles of the Charter will be violated in the responsible Member state, transfer is prohibited by the Charter. That includes rights under Arts 1 (right to dignity), 4 (right not to be subject to torture or inhuman or degrading treatment), 18 (right to asylum) and 19(2) (right not to be sent to another country where there is a real risk of torture/inhuman and degrading treatment).

- A serious risk of a breach of provisions of the asylum directives that did not breach the relevant article of the Charter would not prevent transfer - if "even minor infringements" of the asylum Directives would preclude transfer this would undermine the effective operation of the Dublin Regulation

- The deeming provision in the 2004 Act (which conclusively presumes that other Member States will not refoule a person contrary to the Refugee Convention or the ECHR) is incompatible with the right to an effective remedy in EU law (Art 47 of the charter)

- The UK & Polish Protocol to the Charter is not an 'opt out'. It reaffirms the horizontal provisions of the Charter itself and makes no difference to ability to rely on the relevant articles of the Charter.

The decision in NS will affect the legal position on transfers to countries other than Greece, where these raise issues of compliance by the receiving Member state with Charter rights.

Migrants' Law Project at Islington Law Centre

Legal Aid funding limits

Asylum applicants whose solicitors are funded by Legal Aid and who are left without legal representation after a refusal or a failed appeal

A solicitor is unlikely to apply for further funding for a client from the Legal Services Commission (LSC) unless he/she considers the case has a good chance of success.

However, it is recognised that the asylum applicant should have a right to a *second opinion and therefore,

The solicitor should give in writing to the client their reasons for not asking for further funding.

Further inform the client that the client can appeal against the refusal by the solicitor to ask for further funding.

Solicitors have an obligation to advise their clients of this procedure for appeal, but too many do not do so.

There is a procedure to appeal against the decision by a solicitor not to continue with a case.

The client should be given a form CW4 with reasons as to why the solicitor thinks the prospects of success are poor. The client then sends this to the Legal Services Commission (LSC) and the Funding Review Committee (FRC) meets and considers the decision. There are some very good solicitors and barristers on the FRC who do overturn decisions and grant funding so it is worth clients applying for a Review.

The completed CW4 should be returned to:
National Immigration Team
Legal Services Commission
29/37 Red Lion Street

* The client can ask another Solicitor to look at their case and see if they think there is merit in submitting it to the LSC for funding.


Last updated 1 October, 2011