In cases concerning rejection, expulsion, revocation of a permit or revocation of a residence document, see section 120, foreign nationals are entitled to free legal advice without means testing. However, this does not apply in expulsion cases under sections 66, first paragraph, (b) and (c), 67, first paragraph, (a), (b) and (c), 68, first paragraph, (a) and (b), and 122.A foreign national who applies for a residence permit under section 28 or invokes protection against removal under section 73 is entitled to free legal advice without means testing in the case of a negative administrative decision made by the Directorate of Immigration. However, this does not apply where the foreign national appeals against only having been granted a residence permit under section 38. In the case of applications by unaccompanied asylum- seeking minors, or where exclusion under section 31 may be the outcome, free legal advice is also given without means testing in connection with the administrative proceedings of the Directorate of Immigration.In cases as mentioned in section 76, third paragraph, the foreign national is entitled to free legal advice without means testing. In cases as mentioned in section 79, second paragraph, the foreign national is entitled to free conduct of the case.The court shall appoint legal counsel when reviewing the question of imprisonment under section 106. Wherever possible, legal counsel shall be appointed as soon as it becomes clear that an arrested foreign national will not be released, removed or presented for imprisonment under section 106 by the end of the second day after arrest. The court shall also appoint legal counsel when it reviews the question of seizure or an order under section 104, second paragraph, and section 105, second paragraph, unless doing so would entail particular inconvenience or waste of time or the court has no concerns about not appointing legal counsel. If the foreign national already has a lawyer at public expense, that lawyer shall normally be appointed. The appointment ends when decided by the court.The court shall on its own initiative and without means testing grant free conduct of the case when legal counsel is appointed under the fourth paragraph.In cases where free conduct of the case or free legal advice are provided without means testing, full or partial recovery of the public authorities’ expenses in connection with the legal aid may be claimed provided that the foreign national has the necessary financial capacity.The King may issue regulations containing further provisions on exceptions to entitlement to free legal advice under the first paragraph, first sentence, and the second paragraph, first sentence. Supplementary provisions may also be issued, including provisions on the right to free legal advice without means testing at first instance and provisions on damages claims under the sixth paragraph.
