Author
Free legal assistance and representation is provided by refugee counsellors under the same conditions as in other cases of judicial review (see Regular Procedure: Legal Assistance). No additional condition to access free legal assistance is imposed in detention cases.
In practice, asylum seekers without legal representation at first instance often have difficulties to later obtain the assistance of refugee legal counsellors. Together with the detention order, asylum seekers are given a list of refugee legal counsellors, and instructed to secure their assistance by themselves. If they do not manage to do so, they can call the Migration directorate and an official will provide one for them.[1] Due to language barriers, illiteracy, lack of access to a telephone and a short deadline to lodge the appeal, some asylum seekers cannot appeal their detention order. In some cases, asylum seekers obtain more than one refugee counsellor, and more than one appeal is lodged at the Administrative Court. The Migration directorate does not know whether an individual has managed to ensure the representation of a refugee counsellor and therefore often does not provide individuals with one in practice. In some cases, refugee counsellors are appointed to asylum seekers by the official of the Migration directorate.[2]
In accordance with established practice, lawyers can meet with their clients in detention even outside the daily visitation hours. The meetings are private. The same as in other instances, refugee counsellors can obtain the help of the interpreter for talking to their client. However, in practice, due to short time limits for judicial review, refugee counsellors are often unable to obtain the help of interpreters in time. (see: Judicial review) PIC lawyers are available to detained applicants by telephone and usually meet with them in person.[3]
[1] Observation by the PIC.
[2] Ibid.
[3] Ibid.