The government is introducing a new legal aid fixed fee for immigration and asylum appeals (see here: http://www.legislation.gov.uk/uksi/2020/515/made).

ILPA has serious concerns about this new fee, see our statement here: https://ilpa.org.uk/ilpa-statement-re-new-legal-aid-immigration-and-asylum-fixed-fee/

We believe that the MoJ does not have a sound evidential base for the new fixed fee, and that it has been rushed through without proper consultation due to the FtT(IAC) wishing to roll out their new digital appeal process more quickly than planned, as a response to the pandemic.

We are concerned that the new fixed fee amounts to a reduction in real terms, at a time when legal aid practitioners are least able to afford it. The MoJ has said that they intend to consult on a new fee after implementing this change.

Our view is that if a temporary fee is needed during this planned period of consultation, then hourly rates would be the appropriate solution. This would also enable robust data collection so that a new fee could be determined on a properly informed basis.

“The Bar Council fully supports the position of the Immigration Law Practitioners’ Association, as outlined in their statement.”

@thebarcouncil statement in full is here: https://www.barcouncil.org.uk/resource/bar-council-responds-to-the-civil-legal-aid-remuneration-changes.html

Article on this issue by Free Movement here, with comments from ILPA, the Bar Council, and Jo Wilding: https://twitter.com/freemovementlaw/status/1262639144985145351?s=19

Coverage from the Law Gazette here, with reference to ILPA's statement as well as comment from the chair of the Law Society's immigration law committee, Adrian Seelhoff, who also calls for hourly rates to be introduced instead as an interim measure: https://twitter.com/lawsocgazette/status/1262721034035310594?s=19

ILPA, the Bar Council & the Law Society all agree that this is incorrect. There is no evidential basis for this new fixed fee that we have seen. Consulting after the change has been implemented will be far too late to stop permanent damage to the sector.

https://twitter.com/NewLawJournal/status/1263033149866627072?s=19

Statement from 20 chambers on the new fixed fee: @1MCBChambers @4KingsBenchWalk @10KBW @The36Group @BHCBarristers @DoughtyStImm @gardencourtlaw @gcnchambers @Goldsmith_Imm @leoniehirst

@JustitiaChmbrs @kbwchambers @KenworthysLaw @LambImmigration @Landmark_LC @matrixchambers @No5Chambers @No8Chambers @OnePumpCourt @ChambersTrinity

"A spokesperson for Young Legal Aid Lawyers said: “We are deeply concerned that the proposed new fixed fees for asylum and immigration legal aid work will make the profession unsustainable." https://www.freemovement.org.uk/legal-aid-changes-for-online-immigration-appeals-will-do-irreparable-harm/ @YLALawyers

A statement has also been published by @TheLawSociety here setting out their "serious concerns" about the new fee: https://www.lawsociety.org.uk/news/stories/new-legal-aid-fee-first-tier-immigration-tribunal-appeals/#

The sector is completely united in opposing this change. The @MoJGovUK must reconsider their position.

Important thread on this issue from Dr Jo Wilding, author of the Droughts and Deserts report which is an essential read for anyone who needs to know about the current state of immigration and asylum legal aid. https://twitter.com/JoWilding1/status/1263831485661970432?s=19