Asylum Seekers: Legal Advice

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Monday 5th February 2018 Lords Chamber

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether they intend to ensure that every failed asylum seeker, and anyone facing removal from the United Kingdom for whatever reason, has access to adequate legal advice.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, legal aid is available for individuals faced with deportation where they are claiming asylum or challenging their detention. The Government have commenced the post-implementation review of legal aid, which will include the scope of legal aid for immigration and asylum cases.

[Lord Roberts of Llandudno (LD)]

My Lords, the Minister will be aware that many asylum seekers are unable to access legal advice, for different reasons. Some are penniless and others just do not know the procedures. The result is that many of the decisions made by the Home Office are unsound and reversed on appeal. In 2005, 13,000 appeals were allowed. In 2010, 35,000 were allowed and, in 2015, 17,000 were allowed. Therefore, in 10 years 250,000 appeals were allowed—a quarter of a million wrong decisions by the Home Office. Will the Minister please tell me what he is doing to remedy that situation so that we have a procedure that is fair and equable?

[Lord Keen of Elie]

My Lords, all persons detained in immigration removal centres now have access to a duty solicitor and therefore have access to legal advice.