Source · Select Committees · Home Affairs Committee
Recommendation 57
57
Rejected
Paragraph: 203
Unfair to deny compensation for legal advice costs incurred due to Home Office injustice.
Conclusion
It is unfair that those who accessed legal advice should find themselves unable to receive compensation for their actual costs. The justification for limiting awards fails to recognise the particular difficulties the Windrush generation faced upon trying to confirm their lawful status with the Home Office. The reason people had to resort to legal advice was because the Home Office was not treating them fairly or according to their rights and because the Home Office was imposing a huge injustice upon them. It is a double injustice for them then to be told there is no compensation for the attempts they were forced to make to defend their rights.
Government Response Summary
The government maintains that legal fees will be compensated up to a value of £500 per immigration application, stating the system is designed so legal assistance isn't required.
Paragraph Reference:
203
Government Response
Rejected
HM Government
Rejected
For each immigration application that is compensated, for example Indefinite Leave to Remain, legal fees will be compensated up to a value of £500. This is because the immigration system has been designed to make sure people do not require legal assistance to make an application for an immigration product.