Access to legal assistance is subject to the same means test as for immigration and asylum legal aid generally. Detention centres provide legal surgeries run by legal aid providers who have exclusive contracts with the Legal Aid Agency to do immigration and asylum work in IRC. Detainees cannot obtain legal aid to instruct a lawyer other than those with a contract for that centre. Delays in getting an appointment at a legal surgery mean that in practice they may face removal before they can obtain an appointment, although some centres operate a priority system for people who have removal directions. BID’s survey showed that 43% had to wait more than a week. Notice of removal may be as short as 72 hours, and five days is common.
The All Party Parliamentary Inquiry into Detention recorded a lot of discontent and distress from detainees about the quality of representation in detention and being left without information.
Discussions with lawyers are held in private. Lawyers can contact their clients by mobile phone or fax, or they may also be able to speak to them on the IRC’s phone, or leave a message for them.
BID, Legal Advice survey Spring 2019, available at https://go.aws/2uVqBrs.
The APPG Inquiry into the Use of Immigration Detention in the United Kingdom, 46.