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Regulation 60: Criteria for determinations for full representation in relation to immigration

The Civil Legal Aid (Merits Criteria) Regulations 2013 · S.I. 2013/104View on legislation.gov.uk

Part 6: SPECIFIC MERITS CRITERIA — CHAPTER 4: Immigration

For the purposes of a determination for full representation in relation to any matter described in paragraphs 25 to 30 (immigration) , 31A (immigration, citizenship and nationality: separated children), 32(1) (victims of trafficking in human beings) or 32A(1) (victims of slavery, servitude or forced or compulsory labour) of Part 1 of Schedule 1 to the Act, to the extent that it relates to proceedings before the First-tier Tribunal or Upper Tribunal, the criteria in—

regulation 39(a) to (e) (standard criteria for determinations for legal representation) apply;
regulations 39(f) and 41 to 44 (criteria for determinations for full representation) do not apply; and
paragraphs (2) and (3) apply.

An individual may qualify for full representation in relation to any matter described in paragraphs 25 to 30 (immigration) , 31A (immigration, citizenship and nationality: separated children), 32(1) (victims of trafficking in human beings) or 32A(1) (victims of slavery, servitude or forced or compulsory labour) of Part 1 of Schedule 1 to the Act only if the Director is satisfied that—

if the case is not of significant wider public interest, the reasonable private paying individual test is met;
if the case is of significant wider public interest, the proportionality test is met; and
the criterion in paragraph (3) applies.

The Director must be satisfied that the prospects of success are—

very good, good or moderate; or
borderline, marginal or unclear, and—
the case is of significant wider public interest;
the case is one with overwhelming importance to the individual; or
the substance of the case relates to a breach of Convention rights.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.