NSW Who pays the cost of one party or both parties at High Court of Australia in ILLEGAL Migrants cases brought in front of HCA
- Thread starter AssLaw
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In 2014, the Australian Government discontinued publicly funded legal support for asylum seekers arriving without a valid visa, with exceptions only for individuals deemed extremely vulnerable. Now, those who arrive under these circumstances and seek asylum must either find pro bono legal help—which is scarce—or afford the services of a migration agent or lawyer themselves.
The government does provide funding for legal assistance through the Primary Application Information Service (PAIS) but only to a select group of particularly vulnerable individuals, such as unaccompanied minors. These minors can access PAIS support at both the initial application and merits review stages—the latter involves reviewing the department's decision. However, PAIS support is not extended to other stages, such as judicial reviews, which involve court challenges to administrative decisions.
Eligibility for PAIS is determined by the Department of Home Affairs and is strictly limited. For asylum seekers other than unaccompanied children, the department must judge them to be exceptionally vulnerable and determine that providing assistance is in the government's best interests.
The government does provide funding for legal assistance through the Primary Application Information Service (PAIS) but only to a select group of particularly vulnerable individuals, such as unaccompanied minors. These minors can access PAIS support at both the initial application and merits review stages—the latter involves reviewing the department's decision. However, PAIS support is not extended to other stages, such as judicial reviews, which involve court challenges to administrative decisions.
Eligibility for PAIS is determined by the Department of Home Affairs and is strictly limited. For asylum seekers other than unaccompanied children, the department must judge them to be exceptionally vulnerable and determine that providing assistance is in the government's best interests.
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