FORGOTTEN Administratively detained irregular migrants and asylum seekers According to the Return Handbook: “Legal assistance and legal representation: Paragraph 4 specifies in which cases and under which conditions Member States have to cover the costs for legal advice and representation –referring in essence to the conditions enumerated in the Asylum Procedures Directive. Member States must provide both legal assistance and legal representation free of charge if the conditions foreseen in the Directive and the national legislation of implementation are met. The request for free legal assistance and/or legal representation can be made by the returnee or his/her representative at any appropriate moment of the procedure. Provision of legal advice by administrative authorities: Legal advice may in principle be offered also by the administrative authorities responsible for issuing the return decisions, if the information provided for is objective and unbiased (“effet utile”). It is important that the information be provided by a person who acts impartially/independently so as to avoid possible conflicts of interests. Therefore, this information cannot be provided, for instance, by the person deciding on or reviewing the case. A good practice, already in use in some Member States, is to separate between the decision making authorities and those providing legal and procedural information. However, should a Member State decide to allocate the latter responsibility to the decision making authorities, a clear separation of tasks should be ensured for the personnel involved (e.g. by creating a separate and independent section in charge of providing only legal and procedural information)”.39 ii. Findings As mentioned above, from our findings it became apparent that detainees are not informed about their legal status, the possibilities to challenge the decision for their detention and return or for their right to free legal aid. Moreover, there is no free legal aid offered and therefore legal representation depends on the financial situation of the detainees. 39 Ibid, pages 72-73 64