Asked by: John McNally (Scottish National Party - Falkirk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what training he plans to provide to staff responsible for assisting with the work of the upper tribunal in relocating asylum seekers to Rwanda; who will provide that training; what estimate he has made of the cost to the public purse of that training; and whether he plans to issue a contract for the recruitment of those staff.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
HM Courts & Tribunals Service is responsible for the administration of the Upper Tribunal (Immigration & Asylum Chamber) and has been working with the Ministry of Justice to increase capacity in the justice system in preparation for the commencement of the Illegal Migration Act.
An additional 25 hearing rooms have been prepared with remote hearing technology to allow for either in-person or remote hearings to maximise flexibility.
Approximately 100 additional staff have been recruited to support the Upper Tribunal’s work and are currently undertaking training ready for the commencement of the Illegal Migration Act. These staff have been recruited on Fixed Term Contracts following external campaigns on the basis of fair and open competition. This training is being delivered internally within HMCTS as part of existing programmes of operational training.
This training is in relation to HMCTS processing of applications and appeals pertaining to individuals under the IMA scheme and is separate to any training given to Home Office staff in support of the decision making or removals of illegal migrants.
Found: decision and indicate that an appeal may be made against the decision under section 86D. 86D Appeals
Written Evidence May. 10 2024
Committee: Human Rights (Joint Committee)Found: whether legal aid would be available for such an appeal, as it is not available for similar CPN appeals
Found: decision and indicate that an appeal may be made against the decision under section 86D. 86D Appeals
Found: the matters listed in section 91D(2). 91ED Review of indefinite notification requirements: appeals
Correspondence May. 08 2024
Committee: Human Rights (Joint Committee)Found: made on the face of the Safety of Rwanda (Asylum and Immigration) Bill , this statement is not specific
Correspondence May. 08 2024
Committee: Justice Committee (Department: Ministry of Justice)Found: relating to a Statutory Instrument to make Tribunal Rules for Illegal Migration Act Suspensive Claim Appeals
Found: To move the following Clause— “Nationality and visa or asylum status of offenders: reporting
Mentions:
1: Andrea Jenkyns (Con - Morley and Outwood) quarters of those refused at initial decision between 2004 and 2021 lodged an appeal, and a third of those appeals - Speech Link
2: Adam Holloway (Con - Gravesham) Some of the asylum seekers are fleeing torture, albeit not claiming asylum in the first countries they - Speech Link
3: Tom Pursglove (Con - Corby) Outwood raised a point about judicial capacity and being able to get on, process claims and ensure that appeals - Speech Link
Asked by: Stephen Kinnock (Labour - Aberavon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the speech entitled Prime Minister Rishi Sunak’s statement on the plan to stop the boats, published by the Prime Minister’s office on 22 April 2024, what the evidential basis is for the statement that the judiciary have identified 150 judges who could provide over 5,000 sitting days to deal with challenges to the removal of asylum seekers from the UK under the provisions of the Safety of Rwanda (Asylum and Immigration) Act 2024.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Illegal Migration Act 2023 (IMA) provides for First-tier Tribunal judges to be deployed to sit in the Upper Tribunal to hear IMA appeals. As the Lord Chancellor set out in his Written Ministerial Statement of 16 January 2024: “The judiciary have identified relevant judges, which could provide over 5,000 additional sitting days. The decision on whether to deploy additional judges temporarily to the Upper Tribunal, including when they sit and the courtrooms they use, is for the independent judiciary and will be taken by the relevant leadership judges at the time and in the interests of justice”.
It is standard practice not to comment on discussions between Ministers and the judiciary. However, the Ministry of Justice is working closely with the judiciary in preparation for implementation of the Illegal Migration Act and I refer you to the Lord Chancellor’s Written Ministerial Statement of 16 January 2024, which addressed the topic (https://questions-statements.parliament.uk/written-statements/detail/2024-01-16/hcws188).