A report published last week by Migrants Organise warns of a growing “crisis in access to justice” for people seeking asylum in the UK, citing a collapse in legal aid provision and increasing numbers of unrepresented claimants.
Image credit: UK GovernmentYou can download the 34-page report here.
Migrants Organise, which delivers outreach support and casework through its Community Programme, says its frontline staff are increasingly required to intervene in legal cases that have reached “a crisis point,” including situations where there is a risk of miscarriage of justice. This has reduced its capacity to provide other forms of support, such as assistance with housing, appointments and integration.
The report describes a significant shift from previous years, when most asylum seekers were able to access legal aid-funded representation. According to Migrants Organise, the shortage is now so acute that in early 2024, the organisation’s success rate in matching individuals with an immigration lawyer fell to 1.3%.
At the same time, the report notes that asylum decision-making has accelerated and initial grant rates have fallen, leading to more refusals requiring appeal. By the time cases reach this stage, many individuals have never received legal advice, while others report poor-quality representation or being dropped by lawyers after refusal. The 14-day deadline to lodge an appeal is identified as a further barrier for those attempting to secure new representation.
The report also highlights pressure within the tribunal system, where efforts to reduce backlogs mean hearings often proceed even when appellants are unrepresented. Individuals are therefore required to take part in complex, adversarial proceedings against experienced Home Office lawyers.
Migrants Organise stresses: “The asylum process in the United Kingdom is legally complex, procedurally demanding and adversarial at appeal stage. It relies on claimants understanding technical legal concepts, gathering and presenting evidence in acceptable formats, complying with short deadlines, navigating digital systems and responding to credibility challenges and country information evidential requirements. In practice, it also relies on professional legal representatives to have interviews translated, prepare witness statements, commission expert evidence, liaise with healthcare providers and make structured legal submissions.”
As a result of the legal aid crisis, many asylum seekers are expected to manage these requirements alone.
The report states: “People who have been assessed as destitute, who frequently have serious trauma histories and mental health needs, and who often have limited English and limited digital literacy, are expected to navigate one of the most complex areas of law alone. Many do not understand why they have been refused. Some never see the documents that determine their case. Others miss critical deadlines because decisions are sent electronically to accounts they cannot access. Appeals proceed without meaningful preparation. Hearings go ahead despite the absence of representation, expert evidence or properly formulated legal grounds.”
Testimony collected from people seeking asylum describes the process as confusing and distressing without legal support. One respondent to a survey by Migrants Organise likened the appeal process to “being in a dark room,” while another said it felt “overwhelming and unfair,” citing difficulty understanding procedures and requirements.
Another asylum seeker explained: “It is really hard going through the process without a lawyer even before the appeal stage. It’s harder when it gets to the appeal stage as we do not know the law like lawyer even though we try to meet deadlines what we tend to submit isn’t of good quality as we do not know which are the proper documents to include and the system is so persistent that you can do it without a lawyer they even send you links on how to go about it without a lawyer.”
The report warns that charities are unable to fill the gap, leading to what Migrants Organise describes as a growing “dissonance” between formal guarantees of fairness and the lived reality of those navigating the asylum system without legal support.
“Urgent and material changes are needed to safeguard access to justice,” Migrants Organise concludes.