- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
60.—(1) For the purposes of a determination for full representation in relation to any matter described in paragraphs 25 to 30 (immigration) or 32(1) (victims of trafficking in human beings) 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—
(a)regulation 39(a) to (e) (standard criteria for determinations for legal representation) apply;
(b)regulations 39(f) and 41 to 44 (criteria for determinations for full representation) do not apply; and
(c)paragraphs (2) and (3) apply.
(2) An individual may qualify for full representation in relation to any matter described in paragraphs 25 to 30 (immigration) or 32(1) (victims of trafficking in human beings) of Part 1 of Schedule 1 to the Act only if the Director is satisfied that—
(a)if the case is not of significant wider public interest, the reasonable private paying individual test is met;
(b)if the case is of significant wider public interest, the proportionality test is met; and
(c)the criterion in paragraph (3) applies.
(3) The Director must be satisfied the prospects of success are—
(a)very good, good or moderate; or
(b)borderline or unclear, and—
(i)the case is of significant wider public interest;
(ii)the case is one with overwhelming importance to the individual; or
(iii)the substance of the case relates to a breach of Convention rights.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: