header-logo header-logo

29 August 2023
Issue: 8038 / Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail

‘Staggering’ asylum claim delays

Thousands of asylum seekers are mired in a claims process beset by delays, backlogs and mistakes, according to the latest Home Office statistics.

The quarterly statistics, published last week, show an increase in the number of people waiting longer than six months for an initial decision on their asylum claim, from 89,231 in June 2022 to 139,691 in June 2023.

The Home Office was dealing with 134,046 cases—a record high. This figure, taking dependants into account, corresponded to a total of 174,457 people waiting for an initial decision on their asylum claim—a number described as ‘staggering’ by Richard Atkinson, Law Society deputy vice president.

Atkinson said: ‘These figures show the growing backlog is due to inefficiency and under resourcing of the asylum system.

‘The best way to bring down the backlog and reduce the cost to the taxpayer is to properly resource and train Home Office caseworkers to ensure sufficient and good quality decision-making.’

The statistics show 71% of applications were recognised as refugees at initial decision. Of those decisions appealed, 53% were overturned.

The figures also show the number of decisions withdrawn by the Home Office has more than doubled; a withdrawn case means the Home Office will no longer consider it and a claimant will not receive a decision, either of refugee status or a refusal. The Home Office withdrew 11,396 out of 24,000 decisions in the first six months of 2023. In comparison, there were 3,366 withdrawal decisions in the last six months of 2022.

Atkinson said: ‘The government updated its guidance to expand the circumstances in which a claim will be considered withdrawn.

‘It is not yet clear whether the increase in withdrawals is a result of the policy change and crucially, whether those affected are aware of these changes and the impact they can have on their claim being withdrawn.’

The Home Office maintains it will clear the backlog by the end of 2023, fulfilling a government commitment. The Illegal Migration Act 2023, which passed into law in July, creates a duty to remove persons arriving by an unauthorised route, regardless of any asylum claim.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll