Determination: cover for representation before the First-tier Tribunal (Asylum Support)

To provide cover, the Scottish Ministers issued a determination in terms of section 4(2)(c) of the Legal Aid (Scotland) Act 1986, to allow for representation before the First-tier Tribunal (Asylum Support) under section 103 of the Immigration and Asylum Act 1999.

The determination directs that SLAB must, subject to certain conditions and restrictions, pay from the Scottish Legal Aid Fund, fees and outlays properly incurred by a solicitor in connection with representation. This includes all such assistance provided to a person as is usually given by a solicitor in the steps preliminary to or incidental to such proceedings, provided to a person in connection with proceedings before the First-tier Tribunal (Asylum Support) under section 103 of the Immigration and Asylum Act 1999.

The determination is effective from 1 August 2021, and is subject to the following conditions:

• the fees and outlays properly incurred by a solicitor will be paid in accordance with the Fees Regulations, and we will determine the sum to approve, by treating the work as if it was assistance by way of representation as defined in the Act.
• the initial limit of expenditure is limited to £500.00.
• an increase in authorised expenditure must be applied for if the work will be likely to exceed £500.00.
• any increase which is allowed will only be effective from the date it is granted.
• we may pay any such reasonable travelling expenses incurred by the assisted person in connection with attendance at any place for the proceedings but only where the Secretary of State has denied payment of such expenses in accordance with section 103(9) of the Immigration and Asylum Act 1999.

Making an application

When making your application:

1. Select either the asylum (ASY) or immigration (IMM) category code.  You should use the one most appropriate to your client
2. From the drop down list select the option “other” and then type in the free text box “proceedings before the First-tier Tribunal (Asylum Support)”
3. Select the option for ABWOR and
4. Submit an increase in authorised expenditure to £500 stating that you want to provide representation before the First-tier Tribunal (Asylum Support).

In any case, where you have already made a grant of advice and assistance available to a client in relation to asylum support proceedings and now wish to represent the client at the First-tier Tribunal then you must make a fresh application for ABWOR following the procedures above.