Facts: The report finds that the ECF system is complex and inaccessible, requiring legal assistance to complete applications. Once ECF is granted, applicants face the additional hurdle of finding a legal aid lawyer to take their case. The report also highlights the devastating impact of deportation on families and communities, particularly racialised people.
Issue: The main issue is the inaccessibility and complexity of the ECF system, which is preventing people from accessing justice. The report also raises the issue of the lack of legal aid and the difficulty in finding a legal aid lawyer once ECF is granted.
Holding: The report holds that the ECF system is failing people who require legal assistance, and that legal aid should be restored for these cases.
Legal Reasoning: The report's reasoning is based on the findings that ECF applications are too complex for people to complete without legal assistance, and that once ECF is granted, applicants struggle to find a legal aid lawyer to take their case.
Rule of Law: The report calls for the reinstatement of automatic legal aid for deportation matters and for an increase in the number of immigration lawyers with a legal aid contract, who should be adequately and fairly remunerated for their work.
Impact on Subsequent Legal Developments: The report's findings and recommendations could potentially influence future changes in the legal aid system and the ECF application process. It could also impact the way deportation cases are handled and the support provided to individuals facing deportation.
Analysis: The report highlights the significant barriers to justice faced by individuals requiring ECF, particularly those facing deportation. It calls for significant changes to the legal aid system and the ECF application process, which could have far-reaching implications for the way these cases are handled in the future. The report's findings could potentially influence future legal developments and policy changes.