Right to Counsel for Detained 

Migrants in Selected Jurisdictions

Australia • Canada • France • Germany • Israel

Sweden • United Kingdom

May 2017

The Law Library of Congress, Global Legal Research Center

(202) 707-6462 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
Contents

Australia...........................................................................................................................................1

Canada..............................................................................................................................................2

France...............................................................................................................................................4

Germany...........................................................................................................................................5

Israel.................................................................................................................................................6

Sweden.............................................................................................................................................7

United Kingdom...............................................................................................................................8
The Law Library of Congress 1

Right to Counsel for Detained Migrants 

in Selected Jurisdictions

Law Library of Congress staff 

SUMMARY This report provides information on the laws of Australia, Canada, France, Germany, 

Israel, Sweden, and the United Kingdom regarding the right to counsel for detained 

migrants. All countries included in the study allow detained migrants to be assisted by a 

lawyer. In Canada and Israel the authorities are required to inform detained migrants 

about their right to legal representation, and in France, Germany, and Sweden the right to 

counsel is considered a constitutional principle. In most of the countries, it is up to the 

migrant or asylum seeker to hire counsel; the government does not have an obligation to 

provide legal services to a person who entered the country without a valid visa or is subject 

to deportation. The United Kingdom appears to be the only country where legal counsel is 

provided by the government’s legal aid agency free of charge to all migrants in detention. 

Financial assistance may be requested by those migrants who cannot afford a lawyer at 

their own expense in France. In some countries, the provision of government-paid legal 

assistance depends on the specific circumstances. In Sweden, the government has an 

obligation to provide legal assistance to minors, and to some other migrants because of 

their needs. In Germany, a legal representative may be appointed by the court if the court 

deems it necessary. No country was found where the law would prevent a migrant from 

receiving assistance from volunteer lawyers or legal aid organizations funded by other than 

national budget sources. The details of each country’s governing laws are provided below, 

in alphabetical order. 

I. Australia

Under the Migration Act 1958 (Cth), those who enter or remain in Australia without a valid visa 

are considered “unlawful non-citizens” and must be detained under the country’s mandatory 

detention policy. 1 There is no time limit on the length of such detention, and detained 

individuals have limited ability to challenge the lawfulness of their detention in court.2

 

Australia does not have a federal bill of rights. Instead, various rights are protected under the 

Constitution, common law, and statutes.3

 

 

1

 Migration Act 1958 (Cth) ss 14 & 189, https://www.legislation.gov.au/Details/C2017C00068, archived at

https://perma.cc/5A9T-DFSF. 

2 Immigration Detention and Human Rights, AUSTRALIAN HUMAN RIGHTS COMMISSION (Jan. 1, 2014), 

https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/projects/immigration-detention-andhuman-rights, archived at https://perma.cc/X97W-KSGK; Migration Act 1958 (Cth) pt 8. 

3 How Are Human Rights Protected in Australian Law, AUSTRALIAN HUMAN RIGHTS COMMISSION (2006), 

https://www.humanrights.gov.au/how-are-human-rights-protected-australian-law, archived at https://perma.cc/ 

6PWN-C47V. 
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An absolute right to legal counsel is not enshrined in the immigration legislation or under 

common law; there is no requirement for a lawyer to be provided at public expense if a detained 

person cannot afford one. Legal assistance for persons in immigration detention may be 

available through state government-funded legal aid programs, nongovernment organizations, or 

community legal centers, depending on the location and eligibility of the detained person.4 

Those who arrive in the country without a valid visa are no longer eligible for a federal 

government-funded immigration advice and application assistance program.5 

II. Canada 

In Canada, if an arrest or detention is involved in an immigration context, the right to counsel is 

constitutionally guaranteed by section 10(b) of the Canadian Charter of Rights and Freedoms.6 

Section 10(b) stipulates that upon arrest or detention, everyone has the right “to retain and 

instruct counsel without delay and to be informed of that right.”7

 

Operational Manual ENF 7 provides further information on arrest and detention procedures, 

stipulating that,

where the person chooses to exercise the right to counsel, the officer must provide the 

arrested person with a reasonable opportunity to exercise the right, taking into account 

any physical constraints. This includes the duty to offer the arrested or detained person 

the use of a telephone, in an effort to seek legal counsel. If counsel is present, the officer 

must allow counsel to provide advice to their client in private.8

 

The Canada Border Services Agency has provided information for those who are detained under 

the Immigration and Refugee Protection Act, explaining that 

[detainees] have the right to be represented by counsel at your expense or to receive legal 

aid, if you qualify. [Detainees] will be given the necessary information about the legal 

 

4 See, e.g., Get Help with Migration, VICTORIA LEGAL AID, https://www.legalaid.vic.gov.au/find-legal-answers/ 

migration/get-help (last updated Aug. 12, 2016), archived at https://perma.cc/GHX9-6WES; Immigration Service, 

LEGAL AID NEW SOUTH WALES, http://www.legalaid.nsw.gov.au/what-we-do/civil-law/immigration-service (last 

updated Dec. 22, 2016), archived at https://perma.cc/TGW4-P6J2. 

5 See ANDREW & RENATA KALDOR CENTRE FOR INTERNATIONAL REFUGEE LAW, FACTSHEET: LEGAL ASSISTANCE 

FOR PEOPLE SEEKING ASYLUM (last updated Mar. 2017), http://www.kaldorcentre.unsw.edu.au/sites/default/files/ 

Factsheet_Legal_Assistance_Mar17.pdf, archived at https://perma.cc/VSF3-2CXF; Fact Sheet – Immigration 

Advice and Application Assistance Scheme (IASS), DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION, 

https://www.border. gov.au/about/corporate/information/fact-sheets/63advice (last visited May 17, 2017), archived 

at https://perma.cc/24ET-KT2X. 

6

 Canadian Charter of Rights and Freedoms § 10(b), Part I of the Constitution Act, 1982, being Schedule B to the 

Canada Act, 1982, c 11 (U.K.), http://laws-lois.justice.gc.ca/eng/Const/page-15.html#h-40, archived at 

https://perma.cc/CPJ2-X9CD. 

7 Id. 

8

 CITIZENSHIP AND IMMIGRATION CANADA, ENFORCEMENT MANUAL ENF 7: INVESTIGATION AND ARRESTS 49–50, 

available at https://we.riseup.net/assets/46505/ENF+07+2003.pdf, archived at https://perma.cc/W9GN-MQBK.
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aid services available to [them]. [A detainee] may also designate a friend or a member of 

an organization or association to represent [them]. 9

 

According to the Operational Manual on Port of Entry Examinations, “[f]or the purpose of an 

Immigration Secondary examination, a person is not entitled to counsel unless formally arrested 

or detained. A person who is arrested or detained must be informed without delay of their right 

to counsel and granted the opportunity to retain and instruct counsel.” 10 

A guide by the Immigration and Refugee Board of Canada for proceedings before the 

immigration division provides a summary of the holding the Supreme Court case Dehghani 

v. Canada: 

With regard to paragraph 10(b) of the Charter, the Court decided that, even if the person 

experienced restrictions on his or her freedom while waiting for his or her application to 

be processed, this is not a detention within the meaning of paragraph 10(b) of the Charter. 

When a person tries to enter Canada at a port of entry, the exact moment when the person 

is considered to be detained within the meaning of section 10 of the Charter is not clearly 

defined and depends on the circumstances of the case.11

In the context of “legal proceedings affecting immigrants and refugee claimants,” section 167(1) 

of the Immigration and Refugee Protection Act (IRPA) provides for a statutory right to counsel, 

stating “[a] person who is the subject of proceedings before any Division of the Board and the 

Minister may, at their own expense, be represented by legal or other counsel.” 12 

According to a study by Canada’s Department of Justice on representation for immigrants and 

refugee claimants, 

[e]xercise of the statutory right to counsel in cases involving immigrants and refugee 

claimants is limited to situations where the persons concerned are able to pay for such 

counsel. As a practical matter, however, many immigrants and refugee claimants, in 

 

9

 CANADA BORDER SERVICES AGENCY, INFORMATION FOR PEOPLE DETAINED UNDER THE IMMIGRATION AND 

REFUGEE PROTECTION ACT 2, http://www.cbsa-asfc.gc.ca/publications/pub/bsf5012-eng.pdf, archived at

https://perma.cc/E5TM-K3CW. 

10 IMMIGRATION, REFUGEES, AND CITIZENSHIP CANADA, ENF 4 PORT OF ENTRY EXAMINATIONS 36 (Dec. 23, 2012), 

http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf, archived at https://perma.cc/7CBT-T33Z; for 

more on the Supreme Court of Canada’s position on whether Immigration Secondary examination is considered 

detention, see Dehghani v. Canada, [1993] 1 S.C.R. 1053, https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/986/ 

index.do, archived at https://perma.cc/RB9V-97BC. 

11 Guide to Proceedings Before the Immigration Division–Chapter 8: Right to Counsel, IMMIGRATION AND REFUGEE 

BOARD OF CANADA, http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Pages/GuideIdSi08.aspx#n831 (last 

updated Nov. 23, 2015), archived at https://perma.cc/TU8U-BJLU. 

12 Immigration and Refugee Protection Act, S.C. 2001, c 27, http://laws.justice.gc.ca/eng/acts/i-2.5/page-27.html# 

docCont, archived at https://perma.cc/E8DF-SCT; for more on the scope of this right see also Canada (Citizenship 

and Immigration) v. Gutierrez, 2015 FC 1198, paras. 38–45, http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/ 

120646/index.do, archived at https://perma.cc/FR93-QR69. 
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particular refugee claimants, do not have substantial financial resources, so the exercise 

of their right to counsel is largely dependent on the availability of legal aid.13 

III. France 

The right to an attorney has been recognized as a constitutional principle in France since at least 

1976.14 The right to legal assistance is also enshrined in the European Convention on Human 

Rights, which is applicable in France.15 

French law also provides that a person who does not have the means to hire an attorney can 

claim financial assistance for that specific purpose.16 This financial assistance for purposes of 

hiring an attorney also applies to foreigners who are the subject of deportation procedures.17 

French immigration law, including the rights of detained migrants, is principally governed by the 

Code of Entry and Residence of Foreigners and of the Right of Asylum.18 

This Code also states that a foreigner who is detained in anticipation of his/her deportation from 

French territory has the right to legal counsel and must be informed of this right in a language 

that he/she can understand.19 Furthermore, article L512-1 of the same Code provides that a 

foreigner who has been ordered to leave French territory has thirty days to challenge the order 

and has a right to legal aid in doing so.20 

 

 

13 Representation for Immigrants and Refugee Claimants, GOVERNMENT OF CANADA, DEPARTMENT OF JUSTICE, 

http://www.justice.gc.ca/eng/rp-pr/other-autre/ir/rr03_la16-rr03_aj16/p2.html (last updated Dec. 2, 2016), archived 

at https://perma.cc/AF68-ACQU. 

14 Conseil constitutionnel [Constitutional Council], Décision No. 76-70 DC du 2 décembre 1976 [Decision No. 76-

70 of Dec. 2, 1976], http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/les-decisions/acces-pardate/decisions-depuis-1959/1976/76-70-dc/decision-n-76-70-dc-du-2-decembre-1976.7477.html, archived at 

https://perma.cc/Q96Y-M6WS. 

15 European Convention on Human Rights art. 6, Nov. 4, 1950, 213 U.N.T.S. 221, http://www.echr.coe.int/ 

Documents/Convention_ENG.pdf, archived at https://perma.cc/V6U3-PR25. 

16 Loi n° 91-647 du 10 juillet 1991 relative à l’aide juridique [Law No. 91-647 of July 10, 1991 Regarding Legal 

Aid], art. 2, https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000006077779&dateTexte= 

vig#LEGIARTI000006491176, archived at https://perma.cc/7GK7-JXWU.) . 

17 Id. art. 3. 

18 CODE DE L’ENTRÉE ET DU SÉJOUR DES ÉTRANGERS ET DU DROIT D’ASILE [CESEDA] [CODE OF ENTRY AND 

RESIDENCE OF FOREIGNERS AND OF THE RIGHT OF ASYLUM], https://www.legifrance.gouv.fr/telecharger_pdf. 

do?cidTexte=LEGITEXT000006070158, archived at https://perma.cc/BZ5U-TBRJ. 

19 CESEDA arts. L551-2, L551-3. 

20 Id. art. L512-1. 
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IV. Germany

A. Right to Counsel in General 

The right to a fair trial, which is derived from article 2, paragraph 1 of the German Basic Law in 

conjunction with the rule-of-law principle (Rechtsstaatsprinzip), grants everyone, not just 

German citizens, a right to legal representation in a proceeding. 21 The German Federal 

Constitutional Court has held that the right to a fair trial as a general principle applies to all types 

of proceedings.22 

In addition, a right to counsel in an action challenging detention is codified in the European 

Convention on Human Rights, which is applicable in Germany.23 

B. Right to Counsel for Foreigners 

Section 106, paragraph 2 of the Residence Act provides that the procedure codified in Book 

Seven of the Act on Proceedings in Family Matters and in Matters of Noncontentious 

Jurisdiction applies in cases of deprivation of liberty. Section 78, paragraph 2 of the Act on 

Proceedings in Family Matters and in Matters of Noncontentious Jurisdiction provides a right to 

counsel when “representation by an attorney appears necessary based upon the complexity of the 

factual and legal circumstances.” 24 

The Federal Court of Justice held that section 78, paragraph 2 applies to an indigent foreigner 

who is in custody awaiting deportation.25 

21 GRUNDGESETZ FÜR DIE BUNDESREPUBLIK DEUTSCHLAND [GRUNDGESETZ] [GG] [BASIC LAW], May 23, 1949, 

BUNDESGESETZBLATT [BGBL.] [FEDERAL LAW GAZETTE] I at 1, http://www.gesetze-im-internet.de/bundesrecht/ 

gg/gesamt.pdf, archived at http://perma.cc/8NFT-SVRZ, unofficial English translation at http://www.gesetze-iminternet.de/englisch_gg/englisch_gg.pdf, archived at http://perma.cc/AF85-NA4C. 

22 Bundesverfassungsgericht [BVerfG] [Federal Constitutional Court], June 14, 2000, docket no. 2 BvR 993/94, 

para. 4, http://www.bverfg.de/e/rk20000614_2bvr099394.html, archived at http://perma.cc/6NUA-FL3L. 

23 European Convention on Human Rights, supra note 15, arts. 5 (para. 4) & 6. 

24 Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet 

(Aufenthaltsgesetz - AufenthG) [Residence Act], in version promulgated Feb. 25, 2008, BGBL. I at 162, as 

amended, http://www.gesetze-im-internet.de/bundesrecht/aufenthg_2004/gesamt.pdf, archived at http://perma.cc/ 

8QM6-Z6C3, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_aufenthg/ 

englisch_aufenthg.pdf, archived at http://perma.cc/EDD8-JC8V (English version updated through Mar. 11, 2016); 

Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit [FamFG] 

[Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction], Dec. 17, 2008, BGBL. I at 

2586, 2587, http://www.gesetze-im-internet.de/bundesrecht/famfg/gesamt.pdf, archived at http://perma.cc/US2X5BBX, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_famfg/englisch_fam 

fg.pdf, archived at http://perma.cc/DL5U-6YYH (English version updated through Apr. 20, 2013). 

25 Residence Act, section 62; Bundesgerichtshof [BGH] [Federal Court of Justice], Feb. 28, 2013, docket no. V ZB 

138/12, paras. 12–15, http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en& 

sid=3a917ff1543ad6b68df42ac80e3065e4&nr=63710&pos=0&anz=1, archived at http://perma.cc/5D28-YNJJ; 

BGH, Sept. 12, 2013, docket no. V ZB 121/12, paras. 7–11, http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung 

/document.py?Gericht=bgh&Art=en&sid=9cf5e27cb9b69799be1bbca103891c34&nr=65751&pos=0&anz=1, 

archived at http://perma.cc/L9GJ-ZMGX. 
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In addition to an attorney, the Act on Proceedings in Family Matters and in Matters of 

Noncontentious Jurisdiction provides that the court must appoint a guardian ad litem for the 

person concerned when it is “necessary for the assertion of his [or her] interests.” 26 Due to the 

legal complexity and the language barrier, this will be the case in deportation proceedings. 

Furthermore, in some German states local attorneys regularly visit detained migrants and provide 

them with legal advice. The visits are organized by the local bar associations and the attorney 

costs are paid from funds that the state allocates to legal advisory assistance for citizens with low 

income.27 

In the case of asylum seekers, the Asylum Act codifies a right to counsel for a detained foreigner 

in certain enumerated cases. The foreigner must be given an opportunity without delay to contact 

a legal representative of his choice unless he or she has already secured legal counsel.28 

Lastly, section 18a, paragraph 1 of the Asylum Act grants a right to counsel if a foreigner applies 

for asylum in the transit area of an airport (“airport procedure”) and the application is denied. 

The applicant will be denied entry into Germany and threatened with deportation if he or she 

enters Germany illegally. The applicant has the right to an attorney and can appeal the decision 

within three days. 

V. Israel 

Israel has traditionally maintained restrictive immigration policies. This is due to that fact that it 

borders states and populations that are hostile, is affected by geopolitically volatile conditions in 

the Middle East and Africa, respects civil liberties, and enjoys a significantly higher standard of 

living as compared with other countries in the surrounding region.29 

The authority to make determinations on refugee status in Israel is vested in the Minister of 

Interior. Requests by asylum seekers in Israel are handled by the Refugee Status Determination 

Unit (RSD) of the Ministry of Interior. 30 

 

26 Act on Proceedings in Family Matters and in Matters of Noncontentious Jurisdiction § 419. 

27 Gesetz über Rechtsberatung und Vertretung für Bürger mit geringem Einkommen [BerHG] [Act on Advisory 

Assistance and Representation for Citizens with a Low Income [Advisory Assistance Act], June 18, 1980, BGBL. I 

at 689, as amended, http://www.gesetze-im-internet.de/bundesrecht/berathig/gesamt.pdf, archived at http://perma. 

cc/JFF6-KWV5, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_berathig/ 

englisch_berathig.pdf, archived at http://perma.cc/P3V7-66XT (English version updated through Aug. 31, 2015). 

28 Asylgesetz [AsylG] [Asylum Act], Sept. 2, 2008, BUNDESGESETZBLATT [BGBL.] [FEDERAL LAW GAZETTE] I at 

1798, as amended, § 14, para. 3, http://www.gesetze-im-internet.de/bundesrecht/asylvfg_1992/gesamt.pdf, archived 

at http://perma.cc/6P9A-4BBE, unofficial English translation available at http://www.gesetze-im-internet.de/ 

englisch_asylvfg/englisch_asylvfg.pdf, archived at http://perma.cc/K5UR-5KVK (English version updated through 

Mar. 11, 2016). 

29 RUTH LEVUSH, REFUGEE LAW AND POLICY: ISRAEL (Law Library of Congress, Mar. 2016; updated June 21, 

2016), http://www.loc.gov/law/help/refugee-law/israel.php#_ftn28, archived at https://perma.cc/6DAX-LPNA. 

30 Procedure for Handling Political Asylum Seekers in Israel, Population and Immigration Authority, Procedure No. 

5.2.0012 (5th ed., updated Feb. 26, 2017), https://www.gov.il/BlobFolder/policy/handling_political_asylum_seekers 

_in_israel/he/ 5.2.0012_eng.pdf, archived at https://perma.cc/DN2N-QLNX. 
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In accordance with Procedure for Handling Political Asylum Seekers in Israel issued by the 

Population and Immigration Authority, 

[t]he Authority will ensure that information sheets regarding the manner of submitting an 

application for political asylum in Israel, the procedure for handling the applications, the 

duties of the Applicant, the right of the asylum seeker to contact a legal representative of 

his choosing and the scope of representation to which he is entitled during the process, 

will be available in places of custody, the Authority’s offices and the Authority’s website 

on the internet.31 

VI. Sweden 

Detained migrants typically have a right to public counsel in Sweden. The Aliens Act provides 

that a minor migrant must always be assigned public counsel when detained.32 The Aliens Act 

states that asylum seekers (who are not minors) will be afforded public counsel, except in cases 

where it “must be presumed” that no counsel is needed.33 

There has historically been a presumption that the court cannot assign a public counsel in Dublin 

transfer cases—cases where a migrant has arrived from another EU Member State and the 

Swedish Migration Authority has found that the migrant should be transferred to another EU 

Member State to have his or her asylum application reviewed there.34 However, if the person has 

been detained for more than three days, the new Dublin rules provide that the individual 

nevertheless has a right to counsel. 35 The right to public counsel for detained migrants has also 

been tried and affirmed by the Migration Court of Appeal (the final instance for migration 

matters) in two additional cases.36

The Swedish Migration Authority will assess whether the person is in need of public counsel and 

assign one where needed.37 

 

31 Id. § 1a. 

32 18 ch. 2 § 2 para., UTLÄNNINGSLAG [ALIENS ACT] (Svensk författningssamling [SFS] 2005:715, http://www. 

notisum.se/rnp/sls/lag/20050716.htm, archived at https://perma.cc/TF6K-2ZY3, unofficial English translation 

available at http://www.government.se/government-policy/migration/aliens-act, archived at https://perma.cc/VJ5E4H8U. 

33 Id. 18 ch. 1 § 1 para. 

34 Migrationsöverdomstolen [Court of Migration Appeal] MIG [Court of Migration Appeal Annual Reporter] 

2008:7, https://lagen.nu/dom/mig/2008:7, archived at https://perma.cc/W9Q5-SDU2. 

35 Migrationsöverdomstolen MIG 2014:29, https://lagen.nu/dom/mig/2014:29, archived at https://perma.cc/3EAKWXLY.

36 See Migrationsöverdomstolen MIG 2009:18, https://lagen.nu/dom/mig/2009:18, archived at https://perma.cc/ 

R7R2-KMJA; MIG 2010:9, https://lagen.nu/dom/mig/2010:9, archived at https://perma.cc/G5BD-V8MB. 

37 Public Counsel, MIGRATIONSVERKET, https://www.migrations verket.se/English/Private-individuals/Protectionand-asylum-in-Sweden/Children-seeking-asylum/With-parent-/Application-for-asylum/Public-counsel.html (last 

updated Mar. 30, 2015), archived at https://perma.cc/RK47-3XCP. 
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The right to counsel is further guaranteed in the Swedish Constitution and as part of Sweden’s 

obligation to uphold the European Convention on Human Rights. The European Convention on 

Human Rights, provisions of which guarantee a fair trial including a right to counsel, is protected 

by the Swedish Constitution as supreme to other laws.38 The right to a fair trial (which includes 

the right to counsel) is also separately codified in chapter 2, section 11, paragraph 2 of the 

Swedish Constitution.39 

VII. United Kingdom 

Immigrants that are detained in the United Kingdom have a right to legal counsel, and this 

counsel is frequently provided free of charge by the UK’s Legal Aid Agency, an executive 

agency sponsored by the Ministry of Justice. 40 

At Immigration Removal Centres, legal clinics are held on a regular basis and each detainee is 

entitled to thirty minutes of free legal advice.41 

Newspapers have reported that cuts to the budget for legal aid has resulted in only 50% of 

individuals detained in Immigration Removal Centers receiving legal advice.42 

The UK also detains immigrants in prisons across the UK. A report published by the HM 

Inspectorate of Prisons noted that immigrants detained in prisons had “poorer access to 

publically funded legal advice and representation than those held in IRCs.”43 A report from a 

non-profit organization stated that only twenty two percent of these individuals had received 

legal advice from the Legal Aid Agency.44 

 

38 See REGERINGSFORMEN [RF] [CONSTITUTION] 2:19, https://www.riksdagen.se/sv/dokument-lagar/dokument/ 

svensk-forfatt ningssamling/kungorelse-1974152-om-beslutad-ny-regeringsform_sfs-1974-152, archived at

https://perma.cc/7DYX-5TMA, unofficial English translation available at http://www.riksdagen.se/en/SysSite 

Assets/07.-dokument--lagar/the-constitution-of-sweden-160628.pdf/, archived at https://perma.cc/7LDD-J4HG. 

39 RF 2:11, 2 para. 

40 What We Do, LEGAL AID AGENCY, https://www.gov.uk/government/organisations/legal-aid-agency, archived at

https://perma.cc/ 5DUV-FZ2K. 

41 HM Inspectorate of Prisons, People in Prison: Immigration Detainees A Findings Paper by HM Inspectorate of 

Prisons, Nov. 2015, ¶ 1.17–1.18, available at https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/ 

uploads/sites/4/2015/11/HMIP-Immigration-detainees-findings-paper-web-2015.pdf, archived at https://perma.cc/ 

Y8PE-6S5C. 

42 Tom Peck, Half of Immigration Detainees in UK Have No Representation Because of Legal Aid Cuts, Report 

Finds, THE INDEPENDENT (London) (Dec. 9, 2016), http://www.independent.co.uk/news/uk/ politics/legal-aid-cutsmigrants-immigrants-detention-centre-half-no-representation-help-report-survey-a7464301.html, archived at

https://perma.cc/AWM8-2JQN. 

43 HM Inspectorate of Prisons, supra note 41, ¶¶ 1.19–1.23. 

44 Mind the Gap: Immigration Advice for Detainees in Prisons, BAIL FOR IMMIGRATION DETAINEES, http://www. 

biduk.org/sites/default/files/media/docs/Mind%20the%20Gap_1.pdf, archived at https://perma.cc/XPM9-XPLN. 
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Until 2015 the UK had a fast-track procedure in place to expedite certain immigration cases. 

This procedure was removed as a result of a judgement from the Court of Appeal that noted it 

often resulted in immigrants not being able to obtain legal counsel.45 

 

45 MINISTRY OF JUSTICE, IMMIGRATION AND ASYLUM APPEALS CONSULTATION ON PROPOSALS TO EXPEDITE 

APPEALS BY IMMIGRATION DETAINEES, 2016, ¶ 8, https://consult.justice.gov.uk/digital-communications/expeditedimmigration-appeals-detained-appellants/supporting_documents/consultationdocument.pdf, archived at

https://perma.cc/PNT5-66GU.