The document summarizes key points about recent legal aid cuts and changes made by the Immigration Act 2014 that impact immigration detention in the UK. Legal aid funding has been abolished for most immigration appeals, including deportation cases, making it difficult for detainees to access legal representation. The Immigration Act 2014 further restricted rights of appeal, allowed out of country deportation appeals with limited means to challenge them, and imposed restrictions on repeat bail applications. While some safeguards were added for families and children, overall the legal aid cuts and new law have reduced protections for immigration detainees.

1. Immigration detention
The impact of legal aid cuts and
the Immigration Act 2014
Presentation by Colin Yeo

2. About me
• Editor of Free Movement blog
(www.freemovement.org.uk)
• Barrister at Garden Court
Chambers
• Specialise in immigration work
• Background in the charity
advice sector

3. Legal aid key points
• Funding for non asylum appeals
abolished, including deportation
cases
• Funding for early stages of judicial
review now 'at risk', meaning lawyers
highly reluctant
• But judicial review funding is still
available if permission granted
• Private funding of initial stages may
be needed
• Conditional Fee Arrangements
(CFAs) may be possible

4. Immigration Act key points
• Restricted rights and grounds
of appeal
• Out of country deportation
appeals
• Restrictions on repeat bail
applications
• Simplified removal process
• Additional safeguards for
families and children

5. Funding
• No legal aid for appeals
outside asylum cases
• This means no legal aid for
family and/or private life
deportation cases
• New project at BID will offer
some pro bono representation

6. Funding II
• There is still legal aid for:
• tribunal bail applications
• judicial review including
unlawful detention cases
• BUT legal aid payments are
only made if permission for
judicial review is granted
• ‘At risk’ funding for lawyers
means many are now reluctant
to take risk of working for free

7. Funding III
• Detainees often lack the
resources (whether financial,
emotional, intellectual) to help
themselves
• Helping detainees to gather
evidence through friends and
family is critical
• Private funding for initial stages
• Conditional Fee Arrangements
may be possible

8. Immigration Act 2014
• Rights of appeal
• Reduced from 17 to 3
• No right of appeal unless
refugee or human rights
decision
• e.g. not on basis that
immigration rules not satisfied
or EC law would be breached
• Only remedy there is judicial
review

9. Immigration Act 2014 II
• Out of country appeals
• Where case is certified as
involving a person liable to
deportation
• If SSHD considers no breach of
Human Rights Act 1998 if
person removed. Proposed test:
“P would not, before the
appeals process is exhausted,
face a real risk of serious
irreversible harm if removed to
the country or territory to which
P is proposed to be removed”

10. Immigration Act 2014 III
• Means of challenge to out of
country certificates
• Out of country appeals hard to
fight effectively
• Judicial review of certificate is
possible - but subject to
funding constraints earlier
discussed
• Attempt to show there would
be a breach of human right of
deportee or their family if
person removed

11. Immigration Act 2014 IV
• Immigration bail
• No bail w/o consent of
SSHD if removal directions
are within 14 days
• Bail must be refused if
repeat application within 28
days unless “unless the
person demonstrates to the
Tribunal that there has been
a material change in
circumstances”

12. Immigration Act 2014 V
• Streamlined and simplified
removal power for those
without leave and their families
• Some safeguards for children
and families, e.g. child
detention
• Some positive citizenship
improvements

13. Questions?