9.104The merits tests for immigration and asylum work are the standard merits tests described in chapter 5. There are no specific tests for licensed immigration work (Civil Legal Aid (Merits Criteria) Regulations 2013 reg 60 as amended applies to CLR before the Immigration First-tier Tribunal and Upper Tribunal), and so either the standard test, or the test for judicial review/public law, will apply.

9.105However, the general merits criteria do not apply to Dublin III judicial review, and instead the merits test is whether the Director of the Legal Aid Agency is satisfied that the case has a tangible prospect of success.1Reg 56A inserted by Civil Legal Aid (Merits Criteria) (Amendment) (No 3) Regulations 2013, 1 January 2014. See also reg 2 of the Amendment Regs for definition of a Dublin III claim.