Exceptional Funding Application for Immigration Proceedings

[appealalready]

For an (as yet) unrepresented litigant applying for exceptional funding for Immigration or non family legal proceedings:

The required forms appear to be:

• CIV ECF 1
  CIV APP 1
  CIV MEANS 1

Can anyone please share their answers to the questions on these forms, especially if you were successful in obtaining exceptional funding for your immigration application?

Questions:

CIV ECF 1
1.) What is a delegated function within Immigration?
2.) What are controlled work services for Immigration?
3.) What category of law/contract category is relevant to Immigration cases? (Immigration and Human Rights?)
4.) Which offices in the UK have a contract that allows them to do Legal Aid work in the "Immigration" Category of law at the
Form of Service (IPLA?)
5.) How complex are the procedures, the area of law or the evidence in question?
6.) What is meant by factual, procedural and legal complexity?
7.) How do you establish that your case involves a determination of civil rights and obligations?
8.) What is "licensed work" versus "special case work services" versus "controlled work services"?


CIV APP 1
1.)What does this mean, "Do you believe this case is unsuitable for a Conditional Fee Assessment -CFA?"
2.)How would one answer this question, "Tell us what work needs to be done under the certificate applied for."
3.)What is an average rate for Immigration cases; e.g., "How have you calculated costs to trial (what work is included, briefly)?"
4.) Does anyone have an example of answers to this question, "Please give a brief description of the proceedings covered, the wording codes used for the proceedings, the scope (steps you have covered) and the costs (if exceeding £1350 please
explain why standard costs are insufficient).

What are the cases that challenge the Legal Aid Agency's view that

Proceedings relating to the immigration status of immigrants and decisions relating to the entry, stay and deportation of immigrants do not involve the determination of civil rights and obligations?

It seems one must argue that the immigration case raises Human Rights grounds which specifically "involve a determination of civil rights and obligations"-

Claims under the Human Rights Act 1998 do not involve a determination of civil rights and obligations simply by virtue of the fact that another Convention right is involved. For example, the fact a person may be arguing in immigration proceedings that an immigration decision interferes with their right to family life does not mean that the immigration proceedings therefore involve the determination of civil rights and obligations.

Therefore, one has to argue the following:(?)
1.) They need funding for Immigration and Human Rights; and,
2.) The Human Rights claims relate to a determination of "civil rights and obligations"

Relevant Case Law

• Z and Others v United Kingdom
  P,C & S versus United Kingdom

Are there any other cases?

https://www.freemovement.org.uk/what-ho ... t-maaouia/
http://www.tandfonline.com/doi/abs/10.1 ... KrMPiusXkU

Addresses:
ecf@legalaid.gsi.gov.uk

Exceptional Cases Team,
6.42, 6th Floor,
102 Petty France,
London, SW1H 9AJ.
DX161440 Westminster 8

Telephone: 0203 334 6060