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100010

	registered interest
	date	20/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many Home Office asylum decisions were appealed against in 2005, 2008, 2011 and 2013; and what percentage of those appeals were successful.
	tabling member printed	Lord Roberts of Llandudno
	uin	HL2225
	answer	answer is ministerial correction date of answer 05/11/2014 answer text <p>The annual number of asylum appeals lodged and the percentage of asylum appeals determined that were successful for 2005 and 2008 are shown in the table attached.</p><p>Data for asylum applications, asylum appeals lodged and the percentage of asylum appeals determined that were successful for 2011 and 2013 is available in published data and can be found in the links listed in the bullets below:</p><p>• Data for asylum applications can be found in table ‘as 01’ of the ‘Asylum data tables immigration statistics April to June 2014 volume 1’ is available at: <a href="https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables" target="_blank">https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables</a>.</p><p>• Data for asylum appeals lodged and % of appeals allowed is available at: <a href="https://www.gov.uk/government/collections/tribunals-statistics" target="_blank">https://www.gov.uk/government/collections/tribunals-statistics</a></p><p>The volumes listed in the table and links above are not necessarily the same cohort of cases. As a result we are unable to provide data on the percentage of asylum applications in the years requested that resulted in an appeal.</p><p><strong>Table showing asylum appeals lodged and percentage of asylum appeals determined that were successful.</strong></p><p> </p><p> </p><p> </p><p> </p><table><tbody><tr><td> </td><td><p><strong>2005<strong>[1]</strong><strong>[2]</strong><strong>[3]</strong></strong></p></td><td><p><strong>2008</strong></p></td></tr><tr><td><p><strong>Asylum Appeals lodged</strong></p></td><td><p><strong>24,891</strong></p></td><td><p><strong>11,008</strong></p></td></tr><tr><td><p><strong>Appeals determined by the IAA/AIT</strong></p></td><td><p><strong>32,611</strong></p></td><td><p><strong>10,057</strong></p></td></tr><tr><td><p><strong>% Asylum appeals allowed (of those determined)<strong>[4]</strong></strong></p></td><td><p><strong>18%</strong></p></td><td><p><strong>25%</strong></p></td></tr></tbody></table><p> </p><p> </p><p> </p><p> </p><p>[1] Appeals were dealt with by the Immigration Appellate Authority (IAA) until April 2005, by the Asylum and Immigration Tribunal (AIT) from Apr 2005 to Feb 2010, and since then by the First-tier Tribunal Immigration and Asylum Chamber.</p><p>[2] 2005 lodgement figures exclude appeals dismissed at the Preliminary Issue stage (out of time or invalid). HMCTS now include this category of appeal in Official Statistics data, from 1<sup>st</sup> April 2007.</p><p>[3] The 2005 asylum appeals lodged figure may not match figures previously in the public domain due to differing dates of extraction from the case management database. See link to archive <a href="http://webarchive.nationalarchives.gov.uk/20110206074952/http:/www.tribunals.gov.uk/ImmigrationAsylum/" target="_blank">http://webarchive.nationalarchives.gov.uk/20110206074952/http://www.tribunals.gov.uk/ImmigrationAsylum/</a></p><p>[4] &quot;determined&quot; means decided by a judge and excludes withdrawn appeals.</p><p> </p> answering member printed Lord Bates grouped question UIN HL2226 question first answered 05/11/2014 14:33:12 answering member 1091 label Biography information for Lord Bates
	tabling member	3691 label Biography information for Lord Roberts of Llandudno

100011

	registered interest
	date	20/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many Home Office asylum decisions were appealed against in 2005, 2008, 2011 and 2013; and what percentage of the total applications that represents.
	tabling member printed	Lord Roberts of Llandudno
	uin	HL2226
	answer	answer is ministerial correction date of answer 05/11/2014 answer text <p>The annual number of asylum appeals lodged and the percentage of asylum appeals determined that were successful for 2005 and 2008 are shown in the table attached.</p><p>Data for asylum applications, asylum appeals lodged and the percentage of asylum appeals determined that were successful for 2011 and 2013 is available in published data and can be found in the links listed in the bullets below:</p><p>• Data for asylum applications can be found in table ‘as 01’ of the ‘Asylum data tables immigration statistics April to June 2014 volume 1’ is available at: <a href="https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables" target="_blank">https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables</a>.</p><p>• Data for asylum appeals lodged and % of appeals allowed is available at: <a href="https://www.gov.uk/government/collections/tribunals-statistics" target="_blank">https://www.gov.uk/government/collections/tribunals-statistics</a></p><p>The volumes listed in the table and links above are not necessarily the same cohort of cases. As a result we are unable to provide data on the percentage of asylum applications in the years requested that resulted in an appeal.</p><p><strong>Table showing asylum appeals lodged and percentage of asylum appeals determined that were successful.</strong></p><p> </p><p> </p><p> </p><p> </p><table><tbody><tr><td> </td><td><p><strong>2005<strong>[1]</strong><strong>[2]</strong><strong>[3]</strong></strong></p></td><td><p><strong>2008</strong></p></td></tr><tr><td><p><strong>Asylum Appeals lodged</strong></p></td><td><p><strong>24,891</strong></p></td><td><p><strong>11,008</strong></p></td></tr><tr><td><p><strong>Appeals determined by the IAA/AIT</strong></p></td><td><p><strong>32,611</strong></p></td><td><p><strong>10,057</strong></p></td></tr><tr><td><p><strong>% Asylum appeals allowed (of those determined)<strong>[4]</strong></strong></p></td><td><p><strong>18%</strong></p></td><td><p><strong>25%</strong></p></td></tr></tbody></table><p> </p><p> </p><p> </p><p> </p><p>[1] Appeals were dealt with by the Immigration Appellate Authority (IAA) until April 2005, by the Asylum and Immigration Tribunal (AIT) from Apr 2005 to Feb 2010, and since then by the First-tier Tribunal Immigration and Asylum Chamber.</p><p>[2] 2005 lodgement figures exclude appeals dismissed at the Preliminary Issue stage (out of time or invalid). HMCTS now include this category of appeal in Official Statistics data, from 1<sup>st</sup> April 2007.</p><p>[3] The 2005 asylum appeals lodged figure may not match figures previously in the public domain due to differing dates of extraction from the case management database. See link to archive <a href="http://webarchive.nationalarchives.gov.uk/20110206074952/http:/www.tribunals.gov.uk/ImmigrationAsylum/" target="_blank">http://webarchive.nationalarchives.gov.uk/20110206074952/http://www.tribunals.gov.uk/ImmigrationAsylum/</a></p><p>[4] &quot;determined&quot; means decided by a judge and excludes withdrawn appeals.</p><p> </p> answering member printed Lord Bates grouped question UIN HL2225 question first answered 05/11/2014 14:33:12 answering member 1091 label Biography information for Lord Bates
	tabling member	3691 label Biography information for Lord Roberts of Llandudno

1169905

	registered interest
	date	09/01/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what percentage of asylum cases were reversed on appeal in the last year for which figures are available.
	tabling member printed	Lord Hylton
	uin	HL261
	answer	answer is ministerial correction date of answer 23/01/2020 answer text <p>The Home Office publishes data on asylum appeals determined in the ‘Immigration Statistics Quarterly Release’. https://www.gov.uk/government/collections/immigration-statistics-quarterly-release</p><p>Data on the number of asylum appeals lodged and determined (allowed or dismissed) are published in tables Asy_D06 and Asy_D07 of the ‘asylum appeals lodged and determined datasets’.</p><p>Information on how to use the dataset can be found in the ‘Notes’ page of the workbook. The latest data relates to the year ending September 2019. Additionally, the Home Office publishes a high-level overview of the data in the ‘summary tables’. The ‘contents’ sheet contains an overview of all available data on asylum and resettlement.</p><p>Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’https://www.gov.uk/search/research-and-statistics?keywords=immigration&amp;content_store_document_type=upcoming_statistics&amp;organisations%5B%5D=home-office&amp;order=relevance</p><p>A summary of the data on appeals, taken from the summary tables, can be found in Annex A.</p><p> </p> answering member printed Baroness Williams of Trafford question first answered 23/01/2020 17:36:02 answering member 4311 label Biography information for Baroness Williams of Trafford attachment 1 file name Annex A- HL261.xlsx title Annex A - Summary Tables
	tabling member	2018 label Biography information for Lord Hylton

1218135

	registered interest
	date	25/06/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what assessment they have made of the causes for the reported increase in asylum decisions being overturned in the higher courts, from 17 per cent in 2005 to 52 per cent in 2019.
	tabling member printed	Lord Roberts of Llandudno
	uin	HL6178
	answer	answer is ministerial correction date of answer 09/07/2020 answer text <p>The latest Home Office published statistics are available at www.gov.uk/government/statistical-data-sets/immigration-statistics-data-tables-year-ending-march-2020#asylum-and-resettlement.</p><p> </p><p>It is not possible to undertake a specific assessment of allowed asylum appeal rates comparing 2005 to present day in order to respond to this question. This is because significant changes to appeal rights, caselaw, world situation and the types of cases received do not provide a suitable base for comparison over such an extended period of time. However, regular analysis of asylum appeal data and Judicial determinations is undertaken by both decision makers and appeals staff, with regular meetings and discussions to identify themes or areas for action to inform learning and improve decision making.</p> answering member printed Baroness Williams of Trafford question first answered 09/07/2020 15:54:39 answering member 4311 label Biography information for Baroness Williams of Trafford
	tabling member	3691 label Biography information for Lord Roberts of Llandudno

1290186

	registered interest
	date	25/02/2021
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many asylum applications they disputed on the grounds of having little or no evidence of an asylum seeker's claimed age in (1) 1991, (2) 2010, and (3) 2018.
	tabling member printed	Lord Roberts of Llandudno
	uin	HL13713
	answer	answer is ministerial correction date of answer 10/03/2021 answer text <p>The Home Office publishes data on asylum applications in the ‘Immigration Statistics Quarterly Release’. Data on the number of asylum applications that had an age dispute raised are published in table Asy_D05 of the asylum and resettlement detailed datasets. The table below is given from the published data.</p><p>Age disputes raised for asylum applicants between 2006 and 2020</p><table><tbody><tr><td><p>Year</p></td><td><p><strong>Age disputes raised</strong></p></td></tr><tr><td><p><strong>2006</strong></p></td><td><p><strong>2,246</strong></p></td></tr><tr><td><p><strong>2007</strong></p></td><td><p><strong>1,930</strong></p></td></tr><tr><td><p><strong>2008</strong></p></td><td><p><strong>1,515</strong></p></td></tr><tr><td><p><strong>2009</strong></p></td><td><p><strong>1,146</strong></p></td></tr><tr><td><p><strong>2010</strong></p></td><td><p><strong>531</strong></p></td></tr><tr><td><p><strong>2011</strong></p></td><td><p><strong>370</strong></p></td></tr><tr><td><p><strong>2012</strong></p></td><td><p><strong>338</strong></p></td></tr><tr><td><p><strong>2013</strong></p></td><td><p><strong>323</strong></p></td></tr><tr><td><p><strong>2014</strong></p></td><td><p><strong>318</strong></p></td></tr><tr><td><p><strong>2015</strong></p></td><td><p><strong>791</strong></p></td></tr><tr><td><p><strong>2016</strong></p></td><td><p><strong>929</strong></p></td></tr><tr><td><p><strong>2017</strong></p></td><td><p><strong>718</strong></p></td></tr><tr><td><p><strong>2018</strong></p></td><td><p><strong>875</strong></p></td></tr><tr><td><p><strong>2019</strong></p></td><td><p><strong>798</strong></p></td></tr><tr><td><p><strong>2020</strong></p></td><td><p><strong>732</strong></p></td></tr></tbody></table><p>Notes:</p><p>1. An age dispute case refers to an applicant who does not have credible documentary or other persuasive evidence to demonstrate their age claimed,</p><p>2. 'Age disputes raised' relates to the number of age assessment requests raised for a main asylum applicant in a year. Figures to the period when the age dispute was raised, which may differ from the period the asylum application was received.</p><p>3. Age dispute figures for years before 2010 can be found in as_10 of the old format asylum data tables volume 3.</p><p>Data on age disputes prior to 2006 is not readily available.</p><p>Information on how to use dataset Asy_D05 can be found in the ‘Notes’ page of the workbook. The latest data relate up to December 2020. Additionally, the Home Office publishes a high-level overview of the data in the ‘summary tables’. The ‘contents’ sheet contains an overview of all available data on asylum and resettlement.</p><p>Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’.</p><p> </p> answering member printed Baroness Williams of Trafford question first answered 10/03/2021 17:50:23 answering member 4311 label Biography information for Baroness Williams of Trafford
	tabling member	3691 label Biography information for Lord Roberts of Llandudno

1380047

	registered interest
	date	18/11/2021
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government (1) how many, and (2) what proportion of, asylum appeals were successful due to the absence of a Home Office legal representative at the appeals tribunal.
	tabling member printed	Lord Brabazon of Tara
	uin	HL4185
	answer	answer is ministerial correction date of answer 02/12/2021 answer text <p>Information on Home Office attendance at Immigration &amp; Asylum Tribunal hearings is not collated centrally by HM Courts and Tribunals Service. Any decision to allow an Asylum appeal is made by a Judge based on the merits of each case.</p> answering member printed Lord Wolfson of Tredegar question first answered 02/12/2021 17:28:57 answering member 4901 label Biography information for Lord Wolfson of Tredegar
	tabling member	3493 label Biography information for Lord Brabazon of Tara

1688883

	registered interest
	date	14/02/2024
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask His Majesty's Government what steps they are taking to ensure that the asylum seekers' appeal system is not intentionally undermined, with the result that rejected applications are subsequently accepted.
	tabling member printed	Lord Bailey of Paddington
	uin	HL2462
	answer	answer is ministerial correction date of answer 28/02/2024 answer text <p>Where a person has been refused asylum and makes further submissions, there will only be a right of appeal if the further submissions amount to a fresh claim. There will be a fresh claim only if the further submissions have not previously been considered and, taken together with the previously considered material, created a realistic prospect of success. In the vast majority of cases where there is a right of appeal, the Home Office is represented by Presenting Officers who are specially trained on immigration law and practice, including cross-examination, to ensure any credibility issues are raised before the tribunal, and that decisions are robustly defended at appeal where it is right to do so.</p> answering member printed Lord Sharpe of Epsom question first answered 28/02/2024 17:11:39 answering member 4888 label Biography information for Lord Sharpe of Epsom
	tabling member	4987 label Biography information for Lord Bailey of Paddington

1694354

	registered interest
	date	06/03/2024
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask His Majesty's Government how much of their legal aid budget is spent on asylum seekers’ appeals, in (1) percentage, and (2) gross, terms.
	tabling member printed	Lord Truscott
	uin	HL3089
	answer	answer is ministerial correction date of answer 18/03/2024 answer text <p>Funding for legal aid is on a demand led basis, the Legal Aid Agency (LAA) does not have a specific budget allocation for delivery of legal aid services in relation to specific categories of law. The table below sets out the total expenditure, on a closed case basis, in relation to asylum seekers’ appeals in gross terms and as a percentage of overall legal aid expenditure for the last 10 years.</p><table><tbody><tr><td><p><strong>Financial Year</strong></p></td><td><p><strong>Asylum Appeal Expenditure (£M)</strong></p></td><td><p><strong>Total Legal Aid Expenditure (£M)</strong></p></td><td><p><strong>Percentage of Legal Aid Expenditure spent on Asylum Appeals</strong></p></td></tr><tr><td><p>2013-14</p></td><td><p>13</p></td><td><p>2,017</p></td><td><p>0.6%</p></td></tr><tr><td><p>2014-15</p></td><td><p>10</p></td><td><p>1,821</p></td><td><p>0.6%</p></td></tr><tr><td><p>2015-16</p></td><td><p>12</p></td><td><p>1,650</p></td><td><p>0.7%</p></td></tr><tr><td><p>2016-17</p></td><td><p>17</p></td><td><p>1,615</p></td><td><p>1.1%</p></td></tr><tr><td><p>2017-18</p></td><td><p>17</p></td><td><p>1,652</p></td><td><p>1.0%</p></td></tr><tr><td><p>2018-19</p></td><td><p>16</p></td><td><p>1,665</p></td><td><p>1.0%</p></td></tr><tr><td><p>2019-20</p></td><td><p>18</p></td><td><p>1,679</p></td><td><p>1.1%</p></td></tr><tr><td><p>2020-21</p></td><td><p>12</p></td><td><p>1,345</p></td><td><p>0.9%</p></td></tr><tr><td><p>2021-22</p></td><td><p>12</p></td><td><p>1,656</p></td><td><p>0.7%</p></td></tr><tr><td><p>2022-23</p></td><td><p>13</p></td><td><p>1,835</p></td><td><p>0.7%</p></td></tr></tbody></table><p>Legal aid is generally available for asylum cases, including appeals, under paragraph 30 of Schedule 1, Part 1 Legal Aid Sentencing and Punishment of Offenders Act (LASPO). However, not all cases will qualify for legal aid as eligibility is subject to an assessment of legal merits of the case and of the applicant’s financial resources.</p> answering member printed Lord Bellamy question first answered 18/03/2024 17:49:36 answering member 4941 label Biography information for Lord Bellamy
	tabling member	3682 label Biography information for Lord Truscott

1694355

	registered interest
	date	06/03/2024
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask His Majesty's Government whether they have any plans to (1) cap, or (2) curtail, multiple appeals from the same asylum seeker.
	tabling member printed	Lord Truscott
	uin	HL3090
	answer	answer is ministerial correction date of answer 21/03/2024 answer text <p>There are no plans to change the rules regulating multiple appeals. An asylum seeker who has already appealed cannot appeal again unless they make further submissions which amount to a fresh claim. There will only be a fresh claim if the further submissions have not previously been considered and, taken together with the previously considered material, created a realistic prospect of success at appeal, even though the asylum claim is being refused. Where this test is not met, the further submissions are rejected and cannot be appealed.</p> answering member printed Lord Sharpe of Epsom question first answered 21/03/2024 12:43:34 answering member 4888 label Biography information for Lord Sharpe of Epsom
	tabling member	3682 label Biography information for Lord Truscott

385305

	registered interest
	date	24/06/2015
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Asylum: Appeals
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what assessment they have made of (1) the number of lay members sitting in asylum cases, and (2) the regional distribution of lay members who sit in asylum cases; and what steps they are taking to promote the sitting of lay members in asylum cases, in particular those concerned with appeals by foreign criminals against deportation involving complex assessments of Articles 3 and 8 of the European Convention on Human Rights.
	tabling member printed	The Earl of Sandwich
	uin	HL788
	answer	answer is ministerial correction date of answer 08/07/2015 answer text <p /> <p>HMCTS does not routinely assess the number of lay members sitting in asylum cases or their regional distribution by either location or appeal type, as the composition of panels is a judicial function.</p><p> </p><p>The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 states that the composition of Tribunal panels is the responsibility of the Senior President of Tribunals. The need for non-legal members is continuously assessed by the Immigration and Asylum Chambers and sitting days are made available based on workloads and requirements set out under the Senior President’s delegated powers.</p><p> </p><p>The contribution and deployment of non-legal members is a matter for the Senior President of Tribunals.</p> answering member printed Lord Faulks grouped question UIN HL789 question first answered 08/07/2015 15:48:49 answering member 4183 label Biography information for Lord Faulks
	tabling member	2109 label Biography information for The Earl of Sandwich