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:
When making your application:
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.