Dozens of asylum seekers have been left without legal representation after seeing their cases dropped by law firms. Several firms have cut ties with clients in Cardiff and elsewhere after being left unable to wait years for legal aid funding, which is usually only provided when a decision is made on a case by the Home Office.
Combined with delays in the asylum system, this often means lawyers are left waiting years for comparatively small payments. One firm, after withdrawing its help from several clients in Cardiff, which did not wish to be identified, cited, "the Home Office’s long term failure to progress asylum claims, and current Government immigration policy" saying this has "made it financially unsustainable for [us] to continue Legally Aided work."
The Home Office has blamed the "unacceptable number of people risking their lives by making these dangerous crossings", which it said was placing an unprecedented strain on the asylum system. It said it was taking action to deal with the issues.
Oasis Cardiff, a charity providing advice, food and classes to more than 150 clients a day, estimates that between 60 and 70 of the people it helps are having to find new representation after being dropped from one of several firms, some of them after having been in the system for years. Many are now finding out that other firms are either at limited capacity or not taking on new asylum clients at all. You can get more story updates straight to your inbox by subscribing to our newsletters here.
READ MORE: The proud young refugees making a home in Wales and the inspiring woman leading them
"We're concerned about the situation as the increasing lack of legal representation can have a disconcerting effect on people who are already in the system," said Oasis Cardiff's communications lead, Norman Gettings. "We've seen a spike in people coming in for urgent support around this issue in recent weeks and it's the second most common reason that we're hearing.
"Clearly, some law firms are frustrated and don't see the current system as a viable business model or they wouldn't be taking such drastic decisions. We're not in a position to comment on the appropriate course of action for them as businesses, but the implications and effects on our clients are a cause for concern."
A senior source at one unidentified firm operating in Cardiff told WalesOnline: "It is with regret that we have had no alternative but to terminate our contract with the Legal Aid Agency to provide assistance in the field of Asylum and Immigration Law. We specifically opened this firm as we strongly believe in access to justice for some of the most vulnerable in our communities."
Solicitors are generally only paid for legal aid work when a case concludes, but many asylum claims now drag on for years before a decision is made. Pointing to a drop in productivity when the Home Office's teams began working from home, the source continued: "We have been having to wait years for payment but still have to meet our usual business running costs. This is simply unsustainable for us and other firms."
The Home Office introduced a "streamlined" scheme for asylum seekers from some countries to fill in a questionnaire with the aim of getting a quicker decision on their claims. The source said: "This was in the hope that the claims would be decided without the need for the standard substantive interview. As a firm we have returned approximately 100 asylum questionnaires and to date have still not received a single decision.
"We are aware of other firms being in the same position. This is reflective of the long term failings within the Home Office asylum system. As a firm we deal with all areas of Immigration, Asylum and Nationality law, and shall continue to do so. However, we have not seen this level of incompetence in the Home Office in over seventeen years of practice as a firm nor in any other Home Office department.
"We are devastated that we have been forced into this position by the incompetence of the Home Office Asylum Teams whose consistent failures place vulnerable people at risk."
Oasis Cardiff doesn't specifically blame the firms for what's happened, but Mr Gettings said asylum seekers already faced a "system over which they have little control and is often difficult for them to understand," and delays can lead to "confusion and frustration which can impact their wellbeing and integration."
The asylum process for Oasis's clients takes around three years on average, but can vary from six months to more than 20 years. People claiming asylum usually have no right to work until their claim is approved and have little choice but to have their legal advice funded through legal aid.
But lawyers are only paid relatively small sums, often after years of back-and forth. One lawyer working in the sector told WalesOnline: "I would use the phrase: 'Like banging your head against a brick wall'. Clients want updates and what we’re having to say to them again and again is we’re still waiting, we don’t know how long it will take, and when we ask the Home Office we get a template reply saying they don’t have a timescale even though they have committed to one.
"When your client's case gets switched to a new team, the new team doesn’t really know what the old team has committed to. There is a lot of going over the same things - misadministration, really, because they don’t realise those conversations have happened before. That can take months and months of pointless communication.
"It can be really frustrating, really demoralising. You don’t feel like you’re making progress. People are really reliant on you, you want to give them an answer and you can’t. A lot of times we see people really suffering because of that."
This lawyer said the situation had worsened in the past few years, adding: "It’s an access to justice issue, that’s what it comes down to. People are not being given a fair opportunity, as provided by law, for them to state their case. You can’t have an asylum system that relies on people having to pay for representation because representation makes all the difference to the outcome.
"That’s what’s so sad about it, we don’t want to push our clients into having to deal with this stuff alone. You can’t have a meaningful access to justice system without providing free assistance, in any sector of the law. The Home Office likes to come up with hare-brained schemes to say to the press that they’re doing stuff, but it never materialises into anything that positively impacts the system."
Young lawyers working immigration and asylum cases faced "a barrage of overwork, financial unsustainability and serious emotional and wellbeing concerns," according to a report by the Young Legal Aid Lawyers and Public Law Project, which flagged up concerns for the future of the sector and highlighted that a large majority of these lawyers did effectively unpaid work outside their contracted hours.
A Home Office spokesperson said: "The unacceptable number of people risking their lives by making these dangerous crossings is placing an unprecedented strain on our asylum system. The government is taking immediate action to clear the asylum backlog by doubling the number of asylum caseworkers to 2,500 and streamlining interviews and paperwork.
"We are also introducing legislation which will ensure that those people arriving in the UK illegally are detained and promptly removed to their country of origin or a safe third country, so we can stop the boats."
READ NEXT:
New calls to devolve economy, broadcasting, energy, welfare, justice, and transport powers to Wales
Thousands wait years for healthcare in Wales as NHS misses its target
Mark Drakeford emotionally defends £1,600 a month payment for young asylum seekers
Wales' Tory party leader insists he's not 'at odds' with Sunak after joining calls for HS2 funding
