Charity fears legal aid chaos in asylum system

The asylum system is facing chaos because of delays in the payment of legal aid, the Government was warned yesterday.

The charity Refugee and Migrant Justice (RMJ) said it was facing a cash crisis because a growing proportion of it legal aid was now only paid upon completion.

The charity is the UK's largest provider of free legal advice to asylum seekers and represents thousands of people fleeing persecution from countries including Afghanistan, Iraq, Iran and Zimbabwe.

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It said it took on 11,000 new clients last year and the delays in payment – of up to two years - are putting victims of trafficking and 900 unaccompanied children at risk.

The charity said the new coalition had told its team it was locked into the current legal aid payment system, which was set up under the Labour government, for a further three years.

Chief executive Caroline Slocock said: "RMJ is not asking for new money, simply prompt payment of legal aid for the work it has carried out.

"Charities like us, which are important to Prime Minister David Cameron's Big Society, cannot wait for up to two years for payment while the Home Office processes cases.

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"The current legal aid payment system on asylum and immigration puts justice at risk. We do hope the Government will reconsider and agree to take a genuinely fundamental look at legal aid in this area.

"Otherwise, the asylum system will face chaos, with 10,000 asylum seekers and victims of trafficking at risk, including 900 children."

RMJ, which was set up as an independent charity in 1992, has helped 110,000 people seeking asylum or human rights protection.

The charity said it needs to be paid 1.8m of what it is owed over six months in order to survive.

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It said its closure would cost the taxpayer more than 2m because the Government would need to pay a second provider to take on the cases.

A Ministry of Justice spokesman said: "We do not intend to provide additional financial support for Refugee and Migrant Justice.

"In the last few years Refugee and Migrant Justice has received substantial support from the Legal Services Commission.

"This has been in the form of transitional arrangements which have been intended to assist the organisation to make the change from the earlier grant funding arrangement to contract funding per hour and then to graduated fees.

"Other organisations have successfully made the transition from hourly rates. "