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High Court judges dealt a hammer blow to Justice Secretary Chris Grayling’s bid to cut legal aid for immigrants yesterday.
Mr Justice Collins called the Tory MP's refusal of legal aid to six European Union nationals fighting deportation cases “unlawful and too restrictive.”
The cases against the unnamed defendants, including an alleged victim of trafficking from Nigeria, were brought after they received criminal convictions.
Mr Grayling had issued guidance denying them support as part of his campaign to slash £350 million off legal aid by 2015.
Overturning the Tory’s decision, Judge Collins said it is “a fundamental principle that anyone in the UK is subject to its laws and is entitled to their protection.”
“Without access to properly accredited advisers, immigrants, who are in many cases vulnerable and unfamiliar with the English language, will be made the prey of unscrupulous so-called advisers,” the judge added.
Haldane Society of Socialist Lawyers chairwoman Liz Davies called the judgement a “blow for Chris Grayling.”
She explained it could ensure more people fighting civil cases will have access to legal aid if the qualifications for support are lowered in light of the ruling.
Just three per cent of applications for legal aid in civil cases have been granted since the cuts were introduced.
But she warned: “Cuts in social welfare law, and the other cuts to legal aid brought in by this government, remain in place and their overall impact is decimating the legal aid sector, making it harder and harder for anyone except the rich to be able to defend their rights in court.”