'Fat cat' lawyers and 'illegal' migrants: the impact of intersecting hostilities and toxic narratives on access to justice. Issue 3 (2nd July 2020)

• Record Type: Journal Article
• Authors: O'Nions, Helen
• Is Part Of: Journal of social welfare and family law. Volume 42:Issue 3(2020)
• Page Start: 319
• Page End: 340
• Publication Date: 2020-07-02
• Subjects: Asylum -- access to justice -- legal aid -- destitution -- neoliberalism -- hostile environment; Public welfare -- Law and legislation -- Great Britain -- Periodicals; Electronic journals; 344.410305
• DOI: 10.1080/09649069.2020.1796222
• Languages: English
• ISSNs: 0964-9069

Abstract

ABSTRACT: This article examines how three spheres of hostility intersect to prevent effective access to justice for those living with insecure immigration status. The neoliberal governance model, the barren justice landscape and the hostile environment are supported by the cynical construction of the 'fat cat' lawyer and the toxic 'folk devil' narrative of the 'bogus' asylum seeker. To the extent that the judiciary have frustrated the more obvious, ideologically driven, attempts to restrict access to justice for migrants, the austerity predicated measures pursuant to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) have completely altered the legal landscape. The analysis is informed by the findings of the 'Legal advice and support for persons with insecure status' project (hereafter LAPIS) in Nottingham which explores the challenges faced by service providers and the lived experiences of those with insecurity of status. It is clear that access to justice is a passport to the realisation of other rights, yet participants struggled to access a remedy because legal advice is too often out of reach.