Seeking Refuge? - Rights of Women

Depending on your financial circumstances
and the merits of your case, you may be
entitled to public funding (also known as
legal aid). Public funding enables some
people who cannot afford to pay privately to
get legal advice and representation free of
charge. However, not all legal representatives
do publicly-funded work and there are limits
on the work that a publicly-funded legal
representative can do on a case. For further
information about public funding and getting
legal advice, talk to your legal representative
or contact Community Legal Advice
www.communitylegaladvice.org.uk
If you are not entitled to public funding, you
may have to pay for legal advice or, if you
cannot afford this, represent yourself.
On the day you arrive in detention, or the next
day, you will be given time to see your legal
representative. It is important to give your legal
representative as much information about yourself
and your case as you can. This information will
help them present your case. For information
about the law that determines whether or not a
person can remain in the UK, see Chapter 2.
It is also important to tell your legal representative
about any torture or harm you have suffered and
any health issues that you have (see above), as
this may enable them to challenge the decision to
detain you, and help get you released.
The asylum interview
The asylum interview is a very important part of the
process in deciding your application for asylum. For
information about the interview and the evidence
that may be provided to a case-owner to help them
make a decision, see Chapter 5.
Decision
After the interview, the case-owner will examine
all the information and evidence you and your
legal representative have put forward and decide
whether or not you should be given protection in
the UK.
What happens if I need more
time to prepare my case?
Flexibility in the fast-track
One of the concerns about the detained fast-track
is the speed with which decisions are taken. Many
lawyers and others have argued that cases are
dealt with too quickly for a fair decision to be
taken. Consequently, to try to ensure that people
in detention have their case dealt with fairly, a
flexibility policy was introduced to set out in what
circumstances the timetable for dealing with cases
should be changed.
The policy is the Detained fast-track
processes (2005). You can download a
copy from the UK Border Agency website
at:
www.ind.homeoffice.gov.uk/sitecontent/
documents/policyandlaw/asylumprocess
guidance/detention/
The policy states that a case should be taken out
of the detained fast-track where the short time
given to prepare and present a case means that a
decision cannot be reached fairly. The language
used by the policy is “with a requisite degree of
fairness”. This means that, if you think that you
do not have enough time to prepare or present
your case, you should tell your legal representative
and case-owner. Your legal representative can
take legal steps to try to get you released from
detention.
The policy also sets out a number of factors that
should lead a case-owner to either vary the
timetable or take your case out of the fast-track.
Your case should be taken out of the fast-track
where:
• complicated issues emerge that cannot be dealt
with on the fast-track timetable. For example,
where an expert report is needed on your country
and you need time to find an expert to prepare it.
The fast-track timetable should be changed to
give you more time where:
• You say that you are unwell and do not want
to continue with an interview. The interview
should be delayed and you should be given
medical attention.
15
Statutory instrument 238/2001, the rules are made pursuant to section 153 of the Immigration and Asylum Act 1999 and
came into effect on 2nd April 2001 see http://www.opsi.gov.uk/SI/si2001/20010238.htm for further information.
16
PB [2008] EWHC 364 (Admin)
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