UNHCR: The UN Refugee Agency - United Kingdom

As the Legal Aid, Sentencing and Punishment of Offenders Bill is discussed in Committee in the House of Lords, UNHCR urges peers to vote in favour of Amendment 69 on Immigration: Refugee Family Reunion (Schedule 1, Part 1, Paragraph 26) tabled by Lord Thomas of Gresford, Lord Dholakia, Lord Carlile and Lord Phillips. The amendment seeks to alter the Bill as follows:

Page 130, line 12, after „Qualification Directive? insert –

(1A) Civil legal services provided to an individual for a matter arising out of  any rule laid down under section 1(4) of the Immigration Act 1971 making provision for family members to enter or remain in the United Kingdom as the family member of a refugee or beneficiary of humanitarian protection.

The purpose of the amendment is to retain legal aid for applications and appeals by family members of refugees (or those granted humanitarian protection) to be reunited with a refugee recognised in the UK. In UNHCR's view, reunification of the family unit plays an important role in ensuring the protection and well-being of individual members of a refugee family. Respect for the right to family unity requires not only that States refrain from action which would result in family separations, but also that all States pro-actively and, in a humanitarian spirit, take measures to maintain the unity of the family and reunite members who have been separated.

UNHCR remains concerned that the withdrawal of legal aid for family reunion cases could prohibit access to family unity, as without legal aid, refugees in the UK may not be able to afford legal representation. Legal aid is an important way of ensuring that refugees who would not be able to act as litigants in person due to restrictions of language and literacy, as well as an inability to navigate the complex procedures, rules and regulations, might access their rights.

UNHCR’s full briefing on the Legal Aid, Sentencing and Punishment of Offenders Bill can be found here