Lawyers to be personally liable for unsuccessful immigration cases?

national | crime and justice | news report

Thursday November 29, 2007 18:11

by Starstruck - WSM - Pers C\ap

Outrageous plans will victimise immigrants if passed

Lawyers who represent non-nationals in failed immigration cases may have legal costs awarded against them under controversial new asylum laws to be introduced by the Government.

Soon to be off limits for immigrants?

This legislation,if passed,would represent an outrageous attack on the justice system and will make it even more dificult for immigrants to obtain assistance for their cases.
The lawyers involved are to be effectively forced into the position of jjudge of a case prior to taking it on!

Text below from the Irish Independent

The unprecedented plans to make lawyers personally liable for their client's failed legal actions has been described as intimidatory and "an outrage" by the Immigrant Council of Ireland (ICI).

Former Supreme Court Judge Mrs Justice Catherine McGuiness has also warned that the proposal to make immigration lawyers pay for failed court actions would amount to a "distinct discouragement" for solicitors and barristers who represent vulnerable groups seeking access to justice.

In no other area of law, civil or criminal, are lawyers personally liable for legal costs if their clients case turns out to be unsuccessful.

Debate

But plans to make lawyers personally liable in failed immigration cases are contained in the Government's Immigration, Residence and Protection Bill which is due to be debated in the Dail before the end of the year.

The law, if passed, could deter many small legal firms who represent immigrants, and cause barristers who act on a Pro Bono or free basis, to shun worthy cases because they are to great a financial risk.

"I would find it personally very difficult to cope with the idea of giving costs against legal advisors," said Judge McGuinness, the President of the Law Reform Commission at an ICI discussion on justice for migrants.

Judge McGuinness said that immigration, asylum seekers and refugees presented an enormous challenge to the legal system and said she had no doubt that "mistakes have been made and injustices occurred" as a result of the current structures, including "weaknesses" in the refugee appeal system.

Monitor

The ICI has called on the legal profession to monitor the Government's immigration bill, aspects of which have been described as anti-family and unconstitutional, to ensure justice for migrants.

"Our immigration laws and policies are causing real hardship for families, from bureaucratic barriers keeping family members apart, to difficulties for migrants' children in accessing education," said ICI founder Sr Stanislaus Kennedy.

The IRP bill also imposes a 14-day limit to bring an application to the High Court on an immigration case.