In an order sealed two days in the past, the Lord Chancellor has settled the judicial evaluate introduced by Duncan Lewis on 10 June 2024, difficult the continued failure to extend charges payable for Controlled Work in immigration and asylum (i.e. for work completed at software stage and appeals to the tribunal).
The Acknowledgement of Service was filed on 4 July 2024 together with an extension of time for the Lord Chancellor to file the abstract grounds of defence on 31 July 2024, 4 July being the date of the overall election and it being clear that the federal government was about to get replaced. On 31 July 2024 the brand new Lord Chancellor requested for a keep on the declare till 30 September 2024.
This was refused, with Chamberlain J concluding that “[o]n the information in the Statement of Facts and Grounds, the challenged conduct is causing injustice to asylum seekers who cannot secure representation”. An extension of time for the abstract grounds of defence was granted till 20 September 2024. This appears to have focussed minds on the federal government’s facet, because the declare was then settled.
The Lord Chancellor has agreed to decide by the tip of November 2024 as as to whether or not the charges might be elevated and to what extent. A session on that call will then happen inside eight weeks (so if it isn’t sufficient of a rise then everybody can have their say). The Lord Chancellor agreed to then take steps in the direction of lay the required statutory instrument and implementing any adjustments with affordable promptness.
Of their press release, Duncan Lewis factors out that there was a “48% real-terms cut in rates for Controlled Immigration Work since 1996” and a considerable enhance is overdue and required. That is notably the case if the federal government desires to see appeals being dealt with extra successfully within the tribunal, the place illustration is at the moment missing because of the authorized support disaster.
You understand I like a little bit of sectoral collaboration, so an enormous properly completed to everybody who put a lot work into this:
The Declare was supported by proof from throughout the immigration authorized support sector together with: the witness proof supplied in assist of the Declare from Wilsons LLP, Care4Calais, and Ladies In opposition to Rape; responses from Manuel Bravo Venture, South London Refugee Affiliation, Refugee Motion, SOAS Detainee Assist, West London Welcome, Care4Calais, and Migrants Organise and 30 suppliers of immigration and asylum managed work to a survey performed by Duncan Lewis; the overwhelming proof from the sector in response to successive consultations and requires proof on authorized support together with the Legislation Society, Immigration Legislation Practitioner’s Affiliation, Authorized Help Practitioners Group, Refugee Motion, Coram Kids’s Authorized Centre, Dr Jo Wilding, Justice Collectively, the Refugee Council, the Westminster Fee, the Anti-Trafficking and Labour Exploitation Unit, Younger Authorized Help Attorneys, Public Legislation Venture, Haringey Migrant Assist Centre, Bail for Immigration Detainees, Helen Bamber Basis, and the British Crimson Cross; and studies from respected organisations such because the Nationwide Audit Workplace, the Justice and Public Accounts Home of Commons Choose Committees, and the UN Human Rights Committee.
Particularly, congratulations to the authorized staff of Toufique Hossain, Jeremy Bloom, Nina Kamp and Elizabeth Cole at Duncan Lewis Solicitors, and Chris Buttler KC, Eleanor Mitchell and Jack Boswell at Matrix Chambers.
This isn’t the tip of the battle, however it’s lastly beginning to really feel as if it could be in sight.
Involved in refugee regulation? You would possibly like Colin’s ebook, imaginatively known as “Refugee Law” and revealed by Bristol College Press.
Speaking necessary authorized ideas in an approachable approach, that is a vital guide for college students, legal professionals and non-specialists alike.
