UNHCR Advocacy Brief: Legal counselling, legal assistance, and representation under the European Union Pact on Migration and Asylum

SUMMARY OF RECOMMENDATIONS
» Ensure early, fair, and effective access to asylum through high-quality legal counselling and assistance, including by setting common standards across MS and investing in human, administrative, and infrastructure capacity.
» Provide continuous legal support throughout all stages of the asylum process.
» Provide for free legal assistance at first instance, and maintain it throughout the asylum procedure, including during second and onward appeal stages Ensure accessibility of free legal assistance regardless of the perceived merits of
applicant’s case.
» Tailor legal counselling to individual needs and circumstances, going beyond general provision of information. Group briefings, while useful, cannot replace individualized counselling.
» Tailor group counselling sessions to applicants’ profiles and language needs and keep the size of the groups appropriate, in order to ensure their relevance and effective participation and engagement of group members.
» Provide the possibility for individual interactions following group counselling sessions, especially to address sensitive issues or the needs of vulnerable applicants (e.g., children, women, victims of torture/trafficking, LGBTIQ+ individuals)
and ensure they can safely and confidentially raise concerns.
» Ensure accessibility by organizing legal counselling as an open, easy-to-access service
» Maintain staff continuity.
» Build trust through confidential, respectful, and individualized support, and uphold confidentiality and data protection at all times.
» Guarantee accurate communication through qualified interpreters.
» Set clear quality criteria for lawyers and legal practitioners participating in the legal aid system.
» Empower asylum-seekers through guidance at all stages and ensure access to complaint and feedback mechanisms.
» Ensure that applicants held in all types of reception facilities, in detention and at borders, including in transit zones, can be visited by organizations providing legal advice and counseling under the national law, as well as by UNHCR and organizations working on its behalf.