Author
The Reception Regulations provide for the possibility for asylum-seekers to be granted free legal assistance and representation only during the first review of the lawfulness of detention.[1] Free legal assistance and representation entails preparation of procedural documents and participation in any hearing before the Immigration Appeals Board.
According to the calls issued by the Ministry for Home Affairs, legal aid lawyers must:
- “Provide legal assistance under S.L. 420.06;
- Prepare and present written submissions following the issuance of removal orders, as requested by the Board;
- Attend IAB sessions, as needed.
- Case to be initiated within 7 working days of the issuance of the detention order by the Police Immigration Branch.
- Report outcomes and raise relevant issues with MHSE.”
Payment fee in detention appeals is €50 (inc. VAT) per case submission.[2]
NGOs report that throughout 2024 and 2025, legal aid lawyers were indeed generally appointed for the first detention review, also because NGO lawyers were deprived of access to newly-detained people. In most cases, NGO lawyers took over applicants’ issues after this first review. Legal aid is not provided for the second or subsequent reviews.
Regulation 11(5) of the Returns Regulations provides that within the context of an application to the Board to review decisions related to return, a legal adviser shall be allowed to assist the third-country national and free legal aid will be provided where the individual meets the criteria for entitlement in terms of national law.
In 2024, NGOs visiting detention centres noticed that some detained applicants were in possession of a printed list of organisations and contact numbers, but the manner of distribution of this document remains unclear.
[1] Regulation 6(5), Reception Regulations.
[2] MHAS, Call for Legal Aid Service, available at: https://tinyurl.com/zbn7vdd7.