How to apply for state legal aid for appealing a decision of the Migration Department and the State Border Guard Service?
Legal aid is an important component of the right to an effective remedy. According to the Asylum Procedures Directive and the Law on the Legal Status of Aliens, asylum-seekers are entitled to free legal aid for appeals procedures regarding negative asylum decisions or decisions to withdraw international protection.
Conditions for state legal aid
The means and the merits will be tested when considering eligibility for legal aid – assessing the financial situation of the applicant and the prospects of success of the case. The prospects of success of a case are assessed only in a limited way and state legal aid is not granted only if it is “clearly unlikely” that the applicant will be able to protect their rights.
Application procedure
You should contact the Migration Department if you want to apply for state legal aid. You cannot choose the state legal aid provider, but if you are not satisfied with the legal aid offered to you, you have the right to make a complaint to the Migration Department.