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Legal aid: can an appeal be made in the event of refusal?

Verified 02 November 2020 - Directorate for Legal and Administrative Information (Prime Minister)

If you refuse legal aid, you can appeal against the decision.

You can make the appeal yourself or with a lawyer.

An appeal may be made against a decision to refuse legal aid outright or against a decision to award partial aid, if you have requested the full aid.

The appeal must be lodged within 15 days of notification of the decision.

You must indicate in the appeal the reasons for challenging the decision taken.

Example :

An error that relates to the number of people in your household or the amount of your resources.

The appeal must be addressed to the legal aid office which issued the decision, by registered mail with AR: titleContent..

You must attach a copy of the contested decision.

The department that made the decision will forward your request to the competent authority to consider the appeal. The competent authority to consider the appeal depends on the court that is responsible for examining the case for which you have requested legal aid.

Competent authority to consider the appeal according to the court

Jurisdiction

Appeals Authority

General case

1to president of the court of appeal on which the court in charge of the case or the court of appeal in charge of the case depends

National Court of Asylum (CNDA)

President of the National Court of Asylum

Administrative Tribunal

President of the administrative court of appeal on which the tribunal is subject

Administrative Court of Appeal

President of the Administrative Court of Appeal

Council of State

Chairman of the Litigation Section of the Council of State

Court of Cassation

1to president of the court of cassation

Dispute Tribunal

Chairman of the Dispute Tribunal

Once the appeal is considered, the decision is yours notified by mail.

If this new decision does not suit you, you will have no further recourse. Thise The decision is final.

Please note

an appeal filed by a lawyer with the president of the administrative court of appeal or the president of the litigation section of the Conseil d'État must be transmitted via teleservices Remedies ..