Clare Daly (Dublin Fingal, Independent)
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467. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 114 to 116, inclusive, of 16 May 2017, if the legal aid available to a protection applicant who has received a negative decision from the International Protection Appeals Tribunal extends to continuing to represent that applicant in leave to remain, deportation or judicial review proceedings; and if the applicant will be legally aided or only be advised on their options. [35336/17]

Charles Flanagan (Laois, Fine Gael)
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The Legal Aid Board provides legal services to applicants for asylum, subsidiary protection and leave to remain under the International Protection Act 2015 which came into force at the end of 2016. That Act seeks to streamline the procedure for applicants so that as much as possible all aspects are dealt with at the same time rather than sequentially as theretofore. An initial decision is taken on permission to remain and, when the appeal process is exhausted in relation to the applications for asylum and protection, an opportunity is afforded to the applicant to make further submissions to the Minister on the application for PTR.

The Board provides services to applicants through its employed solicitors and also through private solicitors on its panels. A Legal Aid Certificate is granted to a Private Practitioner on referral, to cover any advice and/or legal aid required from Questionnaire/Interview/Appeal stage until finalisation of the case. However, such legal aid certificate does not authorise the taking of judicial review proceedings.I am informed the Board adopts a general policy grounded in the merit criteria of the Civil Legal Aid Act 1995 that, where grounds for a Judicial Review are considered to exist, an applicant will be able to obtain services from a private practitioner on the basis that the costs of such proceedings are likely to be awarded in favour of the applicant.

The Board provides detailed guidelines on how its services are provided and these are published on its website www.legalaidboard.ie at the International Protection heading under the Lawyers and Experts tab. These guidelines give detailed information in relation to the services provided divided into 6 key stages. The stages include information in relation to permission to remain, deportation and judicial review proceedings.