Legal assistance and representation
Article 25
1. In the case of an appeal before a court or tribunal in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that he or she is provided with necessary free legal assistance and representation. 2. The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from their rights and comply with their obligations under this Regulation. 3. Free legal assistance and representation shall be provided by legal advisers or other suitably qualified persons, admitted or permitted under national law to assist or represent the third-country national, or by non-governmental organisations accredited under national law to provide legal services or representation to third-country nationals. 4. The provision of free legal assistance and representation in the appeal procedure may be excluded by the Member States where: (a) the third-country national is considered to have sufficient resources to afford legal assistance and representation at his or her own cost; (b) it is considered that the appeal has no tangible prospect of success or is abusive; (c) the appeal or review is at a second level of appeal or higher, as provided for under national law, including re-hearings or reviews of appeal; (d) the third-country national is already assisted or represented by a legal adviser. 5. The third-country national requesting free legal assistance and representation shall disclose his or her financial situation and immediately inform the competent authorities of any significant change to his or her financial situation, unless national law provides for free legal assistance and representation irrespective of the person’s financial situation. 6. With the exception of any assistance provided to unaccompanied minors, Member States may: (a) impose monetary or time limits on the provision of free legal assistance and representation, provided that such limits are not arbitrary and do not unduly restrict access to free legal assistance and representation; (b) request total or partial reimbursement of any costs incurred where the third-country national’s financial situation has improved during the return procedure or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the third-country national; (c) provide that, as regards fees and other costs and reimbursements, the treatment of third-country nationals shall be equal to, but not more favourable than, the treatment generally given to their nationals in matters pertaining to legal assistance and representation. 7. Member States shall lay down specific procedural rules governing the manner in which requests for free legal assistance and representation in relation to an appeal before a court or tribunal in accordance with Article 27 are filed and processed, or apply existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation excessively difficult or impossible. 8. Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the grounds that the appeal is considered to have no tangible prospect of success or to be abusive, the third-country national shall have the right to an effective remedy before a court or tribunal against that decision. 9. Member States may provide for free legal assistance and representation in the administrative procedure in accordance with national law.