A conservative estimate calculates that in 2022 over 3,500 people in Wales presented with new immigration and asylum cases within the scope of legal aid.1 Based on an annual average of 1380 legal aid matter starts1 in Wales, the author, Dr Jo Wilding, calculated a Primary Legal Aid Deficit (cases clearly within scope but unable to find representation in Wales) of 2,226. [...] In the Refugee Action report cited above, its author Dr Jo Wilding estimated the numbers of urgent and pressing immigration cases in Wales that fall outside of the scope of legal aid to be just under 48,000. [...] Wilding in her report for the Welsh Government, this need is spread throughout Wales, whereas the limited immigration legal provision that exists in Wales is overwhelmingly concentrated in the South East, in recognised dispersal areas .2 The Office of the Immigration Services Commissioner regulates the provision of immigration advice in Wales. [...] The table overleaf shows the three OISC levels; a short summary of the work that the advisor can undertake (the precise scope of work varies between the Immigration and the Asylum Protection categories); and the providers in Wales operating under that accreditation. [...] Due to the lack of legal literacy and knowledge of rights amongst migrants and people seeking sanctuary, it is difficult for people to assess whether or not an advisor is genuine, leading to alarming reports of exploitation and damage to immigration cases as a result of using unqualified and unregulated advisors.
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Table of Contents
- A conservative estimate calculates that in 2022 over 3500 people in Wales presented with new immigration and asylum cases within the scope of legal aid. 1
- The decline is entrenched and long-term. Since 2015-15 there has been a 55 drop in immigration legal aid matter starts in Wales. The drop since 2010-11 is 80. 2
- Of the two organisations operating above OISC Level 1 the most basic level only Asylum Justice offers casework to a broad cohort focusing on refugees and 3
- Justice unique in Wales it offers a range of casework and representation at the highest level OISC Level 3 free of charge to migrants of all backgrounds. There is a huge demand for 3
- Other than the Welsh Refugee Council service there are no OISC regulated services outside of Cardiff Newport and Swansea. 3
- OISC Accreditation Work Providers in Wales Region 4
- Level 1 Advice and assistance 4
- Basic advice and straight forward applications. 4
- Welsh Refugee Council Immigration Asylum Protection 4
- Cardiff Newport Swansea and Wrexham 4
- TPG Cymru Immigration- EUSS only in partnership with Settled 4
- Cardiff 4
- Swansea Law Clinic Immigration Asylum Protection 4
- Swansea 4
- Level 2 Casework Complex and discretionary casework. Representation to UKVI on illegal entry overstayers removal and deportation applications for Secretary of State bail. 4
- Level 3 Advocacy and Representation 4
- Most complex casework. Substantive appeals work. Pre-action protocol letters in advance of judicial review. Instruct and support counsel in certain circumstances. 4
- Settled Immigration Asylum Protection 4
- Newport 4
- Asylum Justice Immigration Asylum Protection 4
- Cardiff 4
- Copyright Bevan Foundation 5
- Bevan Foundation 145a High Street Merthyr Tydfil CF47 8DP infobevanfoundation.org www.bevanfoundation.org 5
- Registered charity no. 1104191 Company registered in Wales no. 4175018 5