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1. In the appeal procedure, Member States shall, at the request of the applicant, ensure that he or she is provided with free legal assistance and representation. Such free legal assistance and representation shall include the preparation of the procedural documents required under national law, the preparation of the appeal and, in the event of a hearing, participation in that hearing before a court or tribunal.

2. The provision of free legal assistance and representation in the appeal procedure may be excluded by the Member States where:

(a) the applicant, who shall disclose his or her financial situation, 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 applicant is already assisted or represented by a legal adviser.

3. 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 applicant shall have the right to an effective remedy before a court or tribunal against that decision. For that purpose, the applicant shall be entitled to request free legal assistance and representation.