Question to the Home Office:

To ask His Majesty's Government what assessment they have made of the appropriate length of time before an asylum claim can be deemed inadmissible, given that current Home Office caseworker guidance states that “the inadmissibility process must not create a lengthy ‘limbo’ position, where a pending decision or delays in removal after a decision mean that a claimant cannot advance their asylum claim either in the UK or in a safe third country".

The safe third country inadmissibility process does not specify a specific timescale for an inadmissibility decision to be made. The process provides flexibility to ensure that the relevant information can be gathered by Home Office staff to make the appropriate decision. We consider it is right that officials have a reasonable opportunity to carefully examine the evidence in a case to determine whether inadmissibility action is appropriate. Where it is considered appropriate that they also have the opportunity to approach relevant third countries and enter into discussions about the person’s removal before a decision is made.

Where a claimant is under consideration of the inadmissibility policy, they are issued a Notice of Intent informing them their claim is being considered under this policy, and providing them with an opportunity to put forward any reasons why their claim should not be declared inadmissible. ––If they are detained, they have 7 days, if they are non-detained, they have 14 days, and additional time can be requested if necessary.

The inadmissibility policy sets out that the process must not create a lengthy ‘limbo’ position, where a pending decision or delays in removal after a decision mean that a claimant cannot advance their asylum claim either in the UK or in a safe third country. If, taking into account all the circumstances, it is not possible to make an inadmissibility decision or effect removal following an inadmissibility decision within a reasonable period, inadmissibility action must be discontinued, and the person’s claim must be admitted to the asylum process for substantive consideration.

As a general guideline, it is expected that in most cases, a safe third country will agree to admit a person within 6 months of the claim being recorded, enabling removal soon after, subject to concluding legal challenges or other removal barriers. Therefore, we consider that there are adequate safeguards build into the policy to ensure that a claimant is not left in limbo.