Background information
The applicant has the right to legal assistance and representation at all stages of the asylum procedure (Article 22 APD (recast) ‘Right to legal assistance and representation at all stages of the procedure’). Legal assistance and representation should be provided free of charge at least at the appeal stage. For the other stages (registration and first instance), it may or may not be free of charge, depending on national laws and policies (Article 22 APD (recast)).
Explain these messages to the applicant during the registration/lodging and notification:
- the right to access legal assistance and representation at any point during the procedure;
- the available forms of legal assistance and representation in your country, for example private lawyers, dedicated lawyers cooperating with the asylum service and legal aid provided by civil society organisations;
- how they can access the legal assistance and representation;
- when the legal assistance is at their own cost and when it is provided free of charge depending on national provisions.
Practical tip: explaining the notion of legal representation
Explain the entire notion of legal representation, as this might be a new concept for some applicants. Include an explanation about the role of the legal representative in your country, what kind of services/support the legal representative can provide, for example, legal advice about the applicant’s case and the procedures, preparation of the applicant for an interview and assistance with the preparation of appeal and other official documents.