Paudge Connolly (Cavan-Monaghan, Independent)
Link to this: Individually | In context

Question 182: To ask the Minister for Justice, Equality and Law Reform if asylum-seekers who apply for a judicial review of their case, having failed at all previous stages of their application for residence here, are entitled to free legal aid; and if he will make a statement on the matter. [21736/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

As the Deputy may be aware, the Refugee Legal Service, RLS, is a specialised service within the Legal Aid Board providing confidential legal advice and assistance at all stages of the asylum process to persons applying for asylum in Ireland. The services provided by the RLS include assistance with regard to judicial review of recommendations of the Office of Refugee Applications Commissioner, ORAC; decisions of the Refugee Appeals Tribunal, RAT, or with regard to leave to remain applications or deportation orders.

The Legal Aid Board, including the RLS, provides services in accordance with the Civil Legal Aid Act 1995 and the regulations made thereunder. Any applications for legal aid, including those by asylum seekers, must satisfy both the financial and merits criteria set out in this legislation. The merits criteria relate to the prospects for success of the case. These include the following requirements: that the proceedings are such that a reasonably prudent person would be likely to seek such services at their own expense; that a solicitor or barrister acting reasonably would be likely to advise him or her to obtain such services at their own expense; that there are reasonable grounds in law for instituting proceedings; that the applicant is reasonably likely to be successful; that the proceedings represent the only appropriate remedy; and that it is otherwise reasonable to grant a certificate having regard to all the circumstances of the case.

Any person applying to the RLS for service is also subject to the financial eligibility criteria and payment of the appropriate financial contribution, which is as follows: an advice fee, currently a minimum of €6, payable by all applicants and an additional aid fee, currently a minimum of €29, payable by those in receipt of legal aid, that is, proceedings before a court or the Refugee Appeals Tribunal. The aid fee may be waived but there is no provision to waive the €6 advice fee. Applicants may register with the RLS at any stage of the asylum process — initial application, appeal stage and post asylum — with regard to matters such as applications for humanitarian leave to remain.