If my application is refused, can I appeal?
If you are refused legal aid or if your legal aid is terminated, you will be notified by the Area Director of Legal Aid. This will be done in writing, usually by giving you a Notice of Disposition, which is a written decision of your application. The usual reasons that an application is refused or terminated are because: a) you do not meet the financial eligibility requirements, b) your case is not one of the types of cases handled by Legal Aid, or c) there is no useful legal work which can be done which will benefit you.
Appeal to Provincial Director’s Office
You can appeal the decision of the Area Director to the Provincial Director. To do this, you must fill out a form called a Notice of Appeal from Area Director. This is sent to you with the letter advising you that that your application has been refused. You have 14 days to return the Notice of Appeal to the address listed on the form.
You will be contacted by the Provincial Directors Office to gather more information and to discuss your appeal. Once the Provincial Director has made a decision on your appeal, you will receive a Notice of Disposition, which is a written decision of your appeal. If you are unsuccessful, you can appeal and ask that your application be looked at by the Appeal Board of the Newfoundland and Labrador Legal Aid Commission.
Appeal to Appeal Board
You appeal the decision of the Provincial Director by filling out the proper form, a Notice of Appeal from Provincial Director. A copy of this form will be attached to the letter from the Provincial Director. You must deliver the form within 14 days of receiving the Notice of Disposition from the Provincial Director.
Once the Appeal Board has made its’ decision, you will receive a letter informing you of the result. The decision of the Newfoundland and Labrador Legal Aid Appeal Board is final.
Copies of the Appeal forms are on this site.