Oct. 21 2010
Source Page: Introducing fee charges for appeals in the immigration and asylum chambers of the first-tier tribunal and the upper tribunal. Consultation paper. 91 p.Found: Introducing fee charges for appeals in the immigration and asylum chambers of the first-tier tribunal
Asked by: Lord Truscott (Non-affiliated - Life peer)
Question to the Ministry of Justice:
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.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
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.
Financial Year | Asylum Appeal Expenditure (£M) | Total Legal Aid Expenditure (£M) | Percentage of Legal Aid Expenditure spent on Asylum Appeals |
2013-14 | 13 | 2,017 | 0.6% |
2014-15 | 10 | 1,821 | 0.6% |
2015-16 | 12 | 1,650 | 0.7% |
2016-17 | 17 | 1,615 | 1.1% |
2017-18 | 17 | 1,652 | 1.0% |
2018-19 | 16 | 1,665 | 1.0% |
2019-20 | 18 | 1,679 | 1.1% |
2020-21 | 12 | 1,345 | 0.9% |
2021-22 | 12 | 1,656 | 0.7% |
2022-23 | 13 | 1,835 | 0.7% |
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.
Asked by: Lord Truscott (Non-affiliated - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they have any plans to (1) cap, or (2) curtail, multiple appeals from the same asylum seeker.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
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.
Mentions:
1: James Cleverly (Con - Braintree) Constitutional Reform and Governance Act 2010, confirming its intention to ratify the UK-Rwanda agreement on an asylum - Speech Link
May. 08 2009
Source Page: Immigration appeals: response to consultation "Fair decisions; faster justice". 16 p.Found: Immigration appeals: response to consultation "Fair decisions; faster justice". 16 p.
Jun. 13 2008
Source Page: Table showing grants of leave to remain made at initial decision on asylum applications, for dependants, by nationality, as previously published under "other" category for 2007. 1 p.Found: Table showing grants of leave to remain made at initial decision on asylum applications, for dependants
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to reduce the time taken to implement visa and asylum appeals that are overturned by the tribunal court.
Answered by Robert Jenrick
The requested information cannot be accurately extracted from our internal systems. To provide this information would require a manual trawl of successful appeals and to do so would incur disproportionate cost.
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the average time taken to implement (a) visa and (b) asylum appeals that were accepted at tribunal stage was in the last 12 months.
Answered by Robert Jenrick
The requested information cannot be accurately extracted from our internal systems. To provide this information would require a manual trawl of successful appeals and to do so would incur disproportionate cost.
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the most common causes of gaps in the time between (a) visa or asylum appeals being approved at tribunal and (b) those decisions being implemented.
Answered by Robert Jenrick
The requested information cannot be accurately extracted from our internal systems. To provide this information would require a manual trawl of successful appeals and to do so would incur disproportionate cost.
Asked by: Darren Jones (Labour - Bristol North West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 26 March 2024 to Question 19426 on Immigration: Appeals, how many appeals were made before the (a) First and (b) Upper Tribunal between 1 January 2019 and 31 December 2023; how many and what proportion of these appeals were successful; and what the total cost to the public purse was for these appeals.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Information about appeal receipts in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber) is routinely published within Tribunals Statistics Quarterly in the main tables. The total number of receipts to the First-tier Tribunal is available in table FIA_1 and for the Upper Tribunal in UIA_1.
The proportion of appeals for the First-tier Tribunal and Upper Tribunal which were successful is also available as published data and can be found in tables FIA_3 and UIA_3 respectively.
The latest quarterly data includes figures to December 2023 and is available here: Tribunals statistics quarterly: October to December 2023 - GOV.UK (www.gov.uk). Data for the Upper Tribunal (Immigration and Asylum Chamber) receipts, disposals and outcome figures is available up to Q1, April to June 2021. Data from Q2 2021/22 onwards have not been included in this publication as data was migrated to a new IT system and the data is not yet available.
Financial information is published for the IAC on an annual basis in the HM Courts and Tribunals Service (HMCTS) Annual Report, within the fees and charges section. Published information relates to the expenditure and fee income of HMCTS and will not cover financial impacts on other public bodies. Fees and costs cannot be reliably attributed to a particular cohort of appeals. The most recent available data is for Financial Year 2022/23 and is published here HMCTS annual reports and plans - GOV.UK (www.gov.uk).