How to apply for state legal aid for appealing a decision of the Office of Citizenship and Migration Affairs?
Legal aid is an important component of the right to an effective remedy. According to the Asylum Procedures Directive and the Asylum Law, asylum-seekers are entitled to free legal aid for appeals procedures regarding negative asylum decisions or decisions to withdraw international protection.
Conditions for state legal aid
Legal aid for asylum-seekers in Latvia is integrated into the general system for state legal aid, regulated by the State Ensured Legal Aid Law. The State Ensured Legal Aid Law requires means testing when considering eligibility for legal aid – assessing the financial situation of the applicant. In practice, asylum-seekers usually pass the “means test” due to a lack of income and property.
Application procedure
Legal counsellors who are available at the detention centre and accommodation centres for asylum-seekers provide assistance to asylum-seekers in applying for state legal aid.
The form for applying for state legal aid is simple – you should write that you wish to request state legal aid and give simple statement regarding your financial situation. More elaborate form is also accessible on the Court Administration’s website. The application for state legal aid should be submitted to the Office of Citizenship and Migration Affairs and they will forward it to the Court Administration. The Administration then will evaluate the application and decide on your lawyer. If the legal aid is requested by a detained asylum seeker, then you should inform the State Border Guard and they will invite a lawyer. The decision is usually made within a couple of working days.
Provision of state legal aid
State legal aid is provided by different legal professionals (lawyers, attorneys etc.). You cannot choose the state legal aid provider, but if you are not satisfied with the legal aid offered to you, you can make a complaint to the Court Administration.
Other options for free legal aid
In addition to the state legal aid system, free legal counselling and representation to asylum-seekers and beneficiaries of international protection is also provided by the Latvian Centre for Human Rights in partnership with the UNHCR.