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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

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

1625162

registered interest
date	02/05/2023
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	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, when she plans to bring into force the provisions in the Nationality and Borders Act 2022 on (a) priority removal notices and (b) accelerated appeals.
tabling member constituency	Manchester, Gorton
tabling member printed	Afzal Khan
uin	183550
answer	answer is ministerial correction date of answer 09/05/2023 answer text <p>Work is underway to bring the provisions in the Nationality and Borders Act 2022 relating to (a) priority removal notices and (b) accelerated appeals into force as soon as possible.</p> answering member constituency Newark answering member printed Robert Jenrick question first answered 09/05/2023 15:30:57 answering member 4320 label Biography information for Robert Jenrick
tabling member	4671 label Biography information for Afzal Khan

1603947

registered interest
date	14/03/2023
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	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many cases were listed for First-tier Tribunal (Asylum Support) hearings in each week of the last 18 months.
tabling member constituency	Lewisham West and Penge
tabling member printed	Ellie Reeves
uin	165403
answer	answer is ministerial correction date of answer 17/03/2023 answer text <p>Information on the number of cases which are listed for hearing weekly in the First-tier Tribunal (Asylum Support) (FtT (AS)) is not held. This information is only held monthly.</p><p> </p><p>All valid appeals received in the FtT (AS) in the period July 2021 – December 2022 (the latest 18 month period for which published data are available), have been determined or withdrawn. The average waiting time for a valid Asylum Support appeal to be determined is 14 days.</p> answering member constituency Finchley and Golders Green answering member printed Mike Freer grouped question UIN 165404 165405 question first answered 17/03/2023 11:29:13 answering member 4004 label Biography information for Mike Freer
tabling member	4620 label Biography information for Ellie Reeves

1603948

registered interest
date	14/03/2023
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	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many cases are awaiting First-tier Tribunal (Asylum Support) hearings; and how many of those types of cases have been awaiting that type of hearing in each of the last 18 months.
tabling member constituency	Lewisham West and Penge
tabling member printed	Ellie Reeves
uin	165404
answer	answer is ministerial correction date of answer 17/03/2023 answer text <p>Information on the number of cases which are listed for hearing weekly in the First-tier Tribunal (Asylum Support) (FtT (AS)) is not held. This information is only held monthly.</p><p> </p><p>All valid appeals received in the FtT (AS) in the period July 2021 – December 2022 (the latest 18 month period for which published data are available), have been determined or withdrawn. The average waiting time for a valid Asylum Support appeal to be determined is 14 days.</p> answering member constituency Finchley and Golders Green answering member printed Mike Freer grouped question UIN 165403 165405 question first answered 17/03/2023 11:29:13 answering member 4004 label Biography information for Mike Freer
tabling member	4620 label Biography information for Ellie Reeves

1603949

registered interest
date	14/03/2023
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	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what the average waiting time is for a First-tier Tribunal (Asylum Support) hearing.
tabling member constituency	Lewisham West and Penge
tabling member printed	Ellie Reeves
uin	165405
answer	answer is ministerial correction date of answer 17/03/2023 answer text <p>Information on the number of cases which are listed for hearing weekly in the First-tier Tribunal (Asylum Support) (FtT (AS)) is not held. This information is only held monthly.</p><p> </p><p>All valid appeals received in the FtT (AS) in the period July 2021 – December 2022 (the latest 18 month period for which published data are available), have been determined or withdrawn. The average waiting time for a valid Asylum Support appeal to be determined is 14 days.</p> answering member constituency Finchley and Golders Green answering member printed Mike Freer grouped question UIN 165403 165404 question first answered 17/03/2023 11:29:13 answering member 4004 label Biography information for Mike Freer
tabling member	4620 label Biography information for Ellie Reeves

1434764

registered interest
date	23/02/2022
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	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many failed asylum applications have been successfully appealed by the claimant since 2019.
tabling member constituency	Blackpool South
tabling member printed	Scott Benton
uin	128470
answer	answer is ministerial correction date of answer 01/03/2022 answer text <p>The Home Office publishes data on small boat arrivals in the ‘<a href="https://www.gov.uk/government/statistics/irregular-migration-to-the-uk-year-ending-december-2021" target="_blank">Irregular migration to the UK</a>’ release. Data on the number of small boat arrivals is published in the ‘<a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1056630/irregular-migration-to-the-uk-december-2022.ods" target="_blank">Irregular migration summary tables</a>’, including breakdowns by nationality, age and sex. The latest data cover the period up to the end of December 2021.</p><p>The Home Office publishes data on asylum and returns in the ‘<a href="https://www.gov.uk/government/collections/immigration-statistics-quarterly-release" target="_blank">Immigration Statistics Quarterly Release</a>’.</p><ul><li>Data on asylum applications and initial decisions on asylum applications are published in tables Asy_D01 and Asy_D02 of the ‘<a href="https://www.gov.uk/government/statistical-data-sets/asylum-and-resettlement-datasets" target="_blank">asylum and resettlement detailed datasets</a>’.</li><li>Data on appeals and appeal outcomes are published in tables Asy_D06 and Asy_D07 of the detailed datasets (available at the above link). For appeals, please note that most, but not all, appeals will relate to those who have had their claim refused at initial decision; a small number of appeals relate to cases which received a grant of leave other than asylum.</li><li>Data on asylum-related returns by type of return (including enforced returns, of which ‘deportations’ are a subset) are published in table Ret_05 in the <a href="https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F1054670%2Freturns-summary-dec-2021-tables.ods&amp;data=04%7C01%7CFrancesca.Allerton%40homeoffice.gov.uk%7Ca9613dc700664f1b3b5708d9f77fa903%7Cf24d93ecb2914192a08af182245945c2%7C0%7C0%7C637812949926457640%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=yECs6rfLB4uhzSIOq6sT49gvwrUvun849us197fzLEE%3D&amp;reserved=0" target="_blank">returns summary tables</a>. The latest data relate to the year ending September 2021.</li></ul><p> </p><p>The term 'deportations' refers to a legally-defined subset of returns, which are enforced either following a criminal conviction, or when it is judged that a person’s removal from the UK is conducive to the public good. The published statistics refer to enforced returns which include deportations, as well as cases where a person has breached UK immigration laws and those removed under other administrative and illegal entry powers that have declined to leave voluntarily. Figures on deportations, which are a subset of enforced returns, are not separately available.</p><p>The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:</p><ol><li>enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry);</li><li>overstay their period of legal right to remain in the UK;</li><li>breach their conditions of leave;</li><li>are subject to deportation action; for example, due to a serious criminal conviction, and</li><li>have been refused asylum.</li></ol><p> </p><p>Asylum-related returns relate to cases where there has been an asylum claim at some stage prior to the return. This will include asylum seekers whose asylum claims have been refused, and who have exhausted any rights of appeal, those returned under third country provisions, as well as those granted asylum/protection, but removed for other reasons (such as criminality).</p> answering member constituency Corby answering member printed Tom Pursglove grouped question UIN 128462 128463 128464 128466 question first answered 01/03/2022 11:59:45 answering member 4369 label Biography information for Tom Pursglove
tabling member	4793 label Biography information for Scott Benton

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

1379349

registered interest
date	17/11/2021
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	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many people are waiting to be removed from the UK having exhausted the appeals process in their asylum applications.
tabling member constituency	Hendon
tabling member printed	Dr Matthew Offord
uin	76651
answer	answer is ministerial correction date of answer 24/11/2021 answer text <p>Information regarding the number of failed asylum seekers still living in the UK can be found on tables ASY03 and RCM02 of the most recently published immigration and protection transparency data:</p><p><a href="https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fimmigration-and-protection-data-q2-2021&amp;data=04%7C01%7Creturnspreparationsecretariat%40homeoffice.gov.uk%7C8a629ec95f1641a462de08d9ab5a7721%7Cf24d93ecb2914192a08af182245945c2%7C0%7C0%7C637729227286734878%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=VieiGMRe1koSAKjlRJ2IgQX5AnvmeP6xp%2BS%2FLGInNj0%3D&amp;reserved=0" target="_blank">https://www.gov.uk/government/publications/immigration-and-protection-data-q2-2021</a></p> answering member constituency Torbay answering member printed Kevin Foster question first answered 24/11/2021 14:25:42 answering member 4451 label Biography information for Kevin Foster
tabling member	4006 label Biography information for Dr Matthew Offord