Applicants for Human Rights Legal Aid must be able to satisfy two eligibility tests:
All applicants are required to evidence that they are financially eligible for Legal Aid.
If your personal capital is below £50,000 and your personal income is below £50,000, or if you are only in receipt of Income Support you may qualify for Legal Aid.
If either your capital or income exceeds the above thresholds, you will not qualify for Legal Aid.
2. Area of law
Human Rights Legal Aid is available for the following matters:
Asylum applications (subject to a favourable opinion on the merits of the claim)
Deportation where a Deportation Order has been served and you are appealing against the decision
Human Rights breaches (only in exceptional cases where there are legitimate human rights entitlements (subject to a favourable opinion on the merits of the claim))
The Human Rights (Jersey) Law Human Rights (Jersey) Law 2000 (jerseylaw.je)
The Personal Capital Limit is £50,000 and the Personal Income Limit is £50,000.
Capital includes property (including the equity in any property, whether in Jersey or elsewhere), savings and investments.
Where assets are jointly owned (e.g. property, savings accounts), 50% of the total value should be included in the capital calculation.
Income includes your gross employment income (before any deductions are made for tax or social security), pensions, benefits (including Income Support), investment income or interest and maintenance payments.
The Legal Aid Office may require you to provide evidence of your capital and income e.g. pay slips, mortgage statements, bank statements, income support assessments.
You will not be required to make any contributions towards the cost of your legal representation in Human Rights matters.
Please click here to see if you are financially eligible