How to apply for state legal aid for appealing a decision of the Migration Office?
Legal aid is an important component of the right to an effective remedy. According to the Act on Asylum and the Act on Residence of Foreigners, asylum-seekers are entitled to free legal aid for appeals procedures regarding negative asylum decisions or decisions to withdraw international protection.
Conditions for state legal aid
Legal aid for asylum-seekers in Slovakia is integrated into the general system for state legal aid, regulated by the Act on the Legal Aid for People in Material Need. The Act on the Legal Aid for People in Material Need requires means and merits testing when considering eligibility for legal aid – assessing the financial situation of the applicant and the prospects for success of the case. In practice, asylum-seekers usually pass the “means test” due to a lack of income and property. The prospect for success of the case is assessed in only a limited way. State legal aid is not granted only if it is “clearly unlikely” that the applicant will be able to protect their rights.
Application procedure
The Centre for Legal Aid is a state organisation under the Ministry of Justice of the Slovak Republic and it is here to provide comprehensive legal aid to persons who, due to lack of means, are unable to use paid legal services. You can send an application for the provision of legal aid to the office of the Centre according to the place of your stay. The form for applying for state legal aid can be found here.
Provision of state legal aid
State legal aid is provided by attorneys under the Bar Association Act. You cannot choose the state legal aid provider, but if you are not satisfied with the legal aid offered to you, you have the right to make a complaint to the Slovak Bar Association.