There are special rules for legal aid applications in respect of appeals from decisions of the Asylum and Immigration Tribunal which started operations on 4th April 2005. This tribunal replaced the revious two tier appellate system by a single tribunal (see notes at Acts of Parliament etc/Asylum and Immigration (Treatment of Claimants etc) Act 2004 ).

The new legal aid arrangements introduce a system of retrospective funding for appeals against decisions of the Asylum and Immigration Tribunal. Legal aid will be awarded only at the end of the process when the appeal decision has been reconsidered.

The intention is that lawyers will not be paid if they act for clients bring hopeless appeals, thus encouraging them to assess the merits of a case more thoroughly than previously. The effect may be that in addition some meritorious appeals will never be brought.

See also notes at Immigration/advisers .