Legal aid FAQs - immigration tribunals

Q1. How do I make an application for an application to the immigration tribunal?

Representation (higher courts) is only available for the following immigration proceeding before the First-tier Tribunal under:

Schedule 10 to the Immigration Act 2016.
Section 40A of the British Nationality Act 1981.
Part 5 of the Nationality, Immigration and Asylum Act 2002, or
Regulation 26 of the Immigration (European Economic Area) Regulations 2006.

Or for proceedings before the Upper Tribunal arising out of any of the above.

For guidance on how to submit an application request in LAMS, refer to the LAMS Supplier Manual and the Instructional Videos.

Q2. What information do LSANI require?

Please provide the following:

Full statement from the applicant / sponsor in relation to the facts of the case fully addressing all aspects.
Solicitor statement outlining the merits of the appeal and any errors in the decision being challenged.
Details of any related parties and whether legally addressed.
Details of any previous challenges to a Home Office decision.

Q3. What documentation should I provide with my application?

We will require:

Copy of the Border Agency / Home Office decision and reasons for refusal being challenged before the tribunal.
Where applicable, copy of the order granting permission to appeal (Upper Tier only).
Bail application if available.
Key supporting documentation e.g. marriage certificates, identity documents, evidence of subsisting relationship relied upon.
Copies of any previous decisions, proceedings and judgements.

For guidance on how to upload a document in LAMS, refer to the LAMS Supplier Manual and the Instructional Videos.

Q4. What type of certificate will I receive?

Certificates relating to the immigration tribunal will usually be unlimited for representation by solicitor only having regard to the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 and in particular, in Table 1 of Part 6 of Schedule 4.