R (Alhasan) v Director of Legal Aid Casework

Subject Matter

IMMIGRATION — Asylum — Interview — Child asylum claimant reaching age of 18 before asylum interview taking place — Claimant failing to obtain legal aid for asylum interview due to his age and lack of exceptional case determination — Whether exclusion of legal aid for child asylum claimants aged 18 at time of interview discriminating against them in enjoyment of Convention rights — Whether refusal to make exceptional case determination unlawful — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 3, 8, 14 — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 10 — Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012 (SI 2012/2683), reg 3

[2024] EWHC 2031 (Admin); [2025] 1 WLR 2067; [2024] WLR(D) 383, KBD