Legal Aid, Sentencing and Punishment of Offenders Act 2012

Immigration: rights to enter and remain E+W

30 [F1 (1) Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom which— E+W

(a) arise from—

(i) the Refugee Convention; or

(ii) Article 2 or 3 of the Human Rights Convention; or

(b) are conferred by—

(i) immigration rules, insofar as they implemented the Qualification Directive; or

(ii) any other provision of [F2 assimilated] law which implemented the Qualification Directive.]

General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusion

(3) The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim in respect of the rights mentioned in that sub-paragraph, except where regulations provide otherwise.

Definitions

(4) In this paragraph—

• “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the United Kingdom;

• [F3 “ immigration rules ” has the meaning given by section 33(1) of the Immigration Act 1971;]

• “the Qualification Directive” means Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;

• “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;

• F4 ...

Textual Amendments

F1 Sch. 1 Pt. 1 para. 30(1) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 20(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Sch. 1 Pt. 1 para. 30(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 75(4)

F3 Words in Sch. 1 Pt. 1 para. 30(4) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 20(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 1 Pt. 1 para. 30(4) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 20(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)