Legal News

A document files in the Parliamentary Library shows that in the course of just one year, Home Secretary Theresa May withdrew thousands of Home Office decisions refusing asylum seekers the right to remain in the UK – leaving many migrants seeking asylum in Britain in “legal limbo”.

The Guardian reports that a letter filed in the Parliamentary Library shows the Home Secretary withdrew her department’s decision about an applicant’s immigration status as appeals were put in place in 3,000 cases.

The letter – from Immigration Minister James Brokenshire to Labour MP Paul Blomfield – also reveals that,in the year to 12 December 2013, the Home Secretary withdrew a Home Office decision in more than 200 asylum applications.

The remaining 2,000 cases involved migrants who had come to the UK temporarily.

The practice of withdrawing Home Office decisions about leave to remain in the UK means many migrants are unable to launch a series of appeals allowed after the Home Ofice has refused an application to remain in the UK – leaving the asylum applicant in “limbo”.

It is also thought the practice of withdrawing a decision to refuse an asylum application leave to remain has added to a backlog of asylum cases for the Home Office to process.

Paul Blomfield said that the practice of withdrawing Home Office decisions on asylum application shows that there is “chaos” within the home Office.

“There are victims at the centre of it all who have bona fide applications and are being left in legal limbo,” he said.

The Guardian report reveals that around 50% of asylum applications are successful – but the Home Office target for refusing asylum applications is 70%. There is also a backlog of 19,685 asylum applications dating backing to 2006. Under the Coalition Government, the rate of appeals which have been dismissed has also risen by 6%.

Labour Shadow Minister for Immigration, David Hanson said that Theresa May should ensure that the right decisions were made in the first place – Home Office staff are thought to receive rewards and incentives for meeting targets on asylum applications, such as cash bonuses, extra holiday and gift vouchers.

Mr Hanson said:

“The Home Secretary should be ensuring that the right decisions are made first time, so appeals aren’t needed – rather than costing the taxpayer money and keeping people’s lives in limbo just so her department can hit targets.”

The Home Office has denied, however, that targets affect the number of appealed asylum cases being withdrawn:

“There are no staff targets that impact withdrawals from individual immigration cases,” said a Home Office spokesman.

Duncan Lewis Immigration Lawyers

Duncan Lewis is one of the UK’s leading firms of immigration lawyers – and can advise on immigration and asylum in the UK, including asylum appeals, illegal entry to the UK and the Fast-track Detention process.

Duncan Lewis immigration lawyers can also advise EU migrants and non-EU migrants on:

• Access to welfare benefits in Britain
• British citizenship
• Marriage in the UK
• Right to work in the UK
• Spouse and partner visas
• Student visas
• Visa overstays.

For expert legal advice on immigration law and asylum in the UK, contact Duncan Lewis immigration lawyers on 020 7923 4020.