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S.L. 420.9 · Reception Of Asylum Seekers Regulations (S.L. 420.9)

S.L. 420.9 Art. 27Appeals.    Cap. 217.

In KraftAmtlicher Text

(1) Applicants who feel aggrieved by a decision taken in accordance with these regulations shall be entitled to an appeal before the Immigration Appeals Board in accordance with the provisions established in the Immigration Act:

Provided that applicants who lack sufficient resources to appeal from a decision shall be entitled to free legal assistance and representation.

(2) Free legal assistance and representation shall entail the preparation of the required procedural documents and participation in the hearing before the Immigration Appeals Board.

(3) Free legal assistance and representation may not be granted where:

(a) the applicant has sufficient resources; or

(b) the appeal before the Immigration Appeals Board or the Court of Appeal (Inferior Jurisdiction) has no tangible prospect of success:

Provided that where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the ground that the appeal or review is considered to have no tangible prospect of success, the applicant shall have the right to an effective remedy before the Immigration Appeals Board against such decision, and for that purpose shall be entitled to request free legal assistance and representation.

(4) Without prejudice to sub-regulations 17(2) and (3), total or partial reimbursement of any costs incurred may be requested where the applicant’s financial situation has improved considerably during the procedure for international protection in accordance with Regulation (EU) 2024/1348 or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant.