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).
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.
Asked by: Taiwo Owatemi (Labour - Coventry North West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an estimate of the number and proportion of asylum seekers that have not had access to a local immigration and asylum legal aid provider in the last 12 months.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The commissioning and monitoring of civil legal aid services are done by Procurement Area rather than by individual town or city, with Procurement Areas differing for different categories of law. The commissioning standard is to have at least one immigration provider per Procurement Area. Coventry falls within the Midlands and East of England Procurement Area. There are currently 45 immigration and asylum providers operating out of 55 offices within this procurement area. Information about number of legal aid offices undertaking work, broken down by region, legal aid scheme and category of law are published as part of the Legal Aid Agency (LAA)’s official statistics [see tables 9.1-9.8].
The LAA recently tendered for new contracts that will start on 1 September 2024 and is in the process of assessing the bids. There will also be a further tender opportunity commencing on 18 March. These procurement exercises provide opportunities for new providers to obtain a contract to deliver legal aid services and existing contract holders to deliver additional services in other categories of law with a view to maximising available provision.
Across England and Wales, we have taken a number of steps to help increase access to legal aid for immigration and asylum cases. For example, we are providing up to £1.4 million of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term; the Green Paper consultation is expected in July 2024.
The Ministry of Justice does not have data on the number and proportion of asylum seekers that have not had access to a local immigration and asylum legal aid provider in the last 12 months. At a national level, the LAA monitors capacity across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action to secure additional provision to ensure the continuity of legal aid-funded services.
The LAA regularly engages with provider representative groups, including on the provision of immigration and asylum services, via forums such as the Civil Contract Consultative Group.
The Ministry of Justice has not made an assessment of the potential impact of trends in the level of immigration and asylum legal aid provision on the success rate of asylum appeals in Coventry in the last 12 months. We do publish data on tribunal outcomes as a part of the published statistics – see tab FIA3 in the main tables (Tribunals statistics - GOV.UK (www.gov.uk).
Asked by: Taiwo Owatemi (Labour - Coventry North West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential impact of trends in the level of immigration and asylum legal aid provision on the success rate of asylum appeals in Coventry in the last 12 months.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The commissioning and monitoring of civil legal aid services are done by Procurement Area rather than by individual town or city, with Procurement Areas differing for different categories of law. The commissioning standard is to have at least one immigration provider per Procurement Area. Coventry falls within the Midlands and East of England Procurement Area. There are currently 45 immigration and asylum providers operating out of 55 offices within this procurement area. Information about number of legal aid offices undertaking work, broken down by region, legal aid scheme and category of law are published as part of the Legal Aid Agency (LAA)’s official statistics [see tables 9.1-9.8].
The LAA recently tendered for new contracts that will start on 1 September 2024 and is in the process of assessing the bids. There will also be a further tender opportunity commencing on 18 March. These procurement exercises provide opportunities for new providers to obtain a contract to deliver legal aid services and existing contract holders to deliver additional services in other categories of law with a view to maximising available provision.
Across England and Wales, we have taken a number of steps to help increase access to legal aid for immigration and asylum cases. For example, we are providing up to £1.4 million of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term; the Green Paper consultation is expected in July 2024.
The Ministry of Justice does not have data on the number and proportion of asylum seekers that have not had access to a local immigration and asylum legal aid provider in the last 12 months. At a national level, the LAA monitors capacity across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action to secure additional provision to ensure the continuity of legal aid-funded services.
The LAA regularly engages with provider representative groups, including on the provision of immigration and asylum services, via forums such as the Civil Contract Consultative Group.
The Ministry of Justice has not made an assessment of the potential impact of trends in the level of immigration and asylum legal aid provision on the success rate of asylum appeals in Coventry in the last 12 months. We do publish data on tribunal outcomes as a part of the published statistics – see tab FIA3 in the main tables (Tribunals statistics - GOV.UK (www.gov.uk).
Asked by: Taiwo Owatemi (Labour - Coventry North West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help increase access to legal aid for immigration cases in Coventry.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The commissioning and monitoring of civil legal aid services are done by Procurement Area rather than by individual town or city, with Procurement Areas differing for different categories of law. The commissioning standard is to have at least one immigration provider per Procurement Area. Coventry falls within the Midlands and East of England Procurement Area. There are currently 45 immigration and asylum providers operating out of 55 offices within this procurement area. Information about number of legal aid offices undertaking work, broken down by region, legal aid scheme and category of law are published as part of the Legal Aid Agency (LAA)’s official statistics [see tables 9.1-9.8].
The LAA recently tendered for new contracts that will start on 1 September 2024 and is in the process of assessing the bids. There will also be a further tender opportunity commencing on 18 March. These procurement exercises provide opportunities for new providers to obtain a contract to deliver legal aid services and existing contract holders to deliver additional services in other categories of law with a view to maximising available provision.
Across England and Wales, we have taken a number of steps to help increase access to legal aid for immigration and asylum cases. For example, we are providing up to £1.4 million of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term; the Green Paper consultation is expected in July 2024.
The Ministry of Justice does not have data on the number and proportion of asylum seekers that have not had access to a local immigration and asylum legal aid provider in the last 12 months. At a national level, the LAA monitors capacity across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action to secure additional provision to ensure the continuity of legal aid-funded services.
The LAA regularly engages with provider representative groups, including on the provision of immigration and asylum services, via forums such as the Civil Contract Consultative Group.
The Ministry of Justice has not made an assessment of the potential impact of trends in the level of immigration and asylum legal aid provision on the success rate of asylum appeals in Coventry in the last 12 months. We do publish data on tribunal outcomes as a part of the published statistics – see tab FIA3 in the main tables (Tribunals statistics - GOV.UK (www.gov.uk).
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: Justin Madders (Labour - Ellesmere Port and Neston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment has been made of the average waiting time for a First-tier Tribunal (Immigration and Asylum); and whether he plans to take steps to reduce this wait.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Information about waiting times for appeals in the First-tier Tribunal (Immigration and Asylum Chamber) (IAC) is routinely published at: Tribunals statistics - GOV.UK (www.gov.uk) and HMCTS management information - GOV.UK (www.gov.uk).
The latest period for which data is available is July to September 2023 (Tribunal Statistics) and December 2023 (HMCTS Management Information). Data for the period October to December 2023 (Tribunal Statistics) will be published on 14 March 2024.
HMCTS continues to invest in improving tribunal productivity through the recruitment of additional Judges, deployment of Legal Officers to actively manage cases, the development of modern case management systems and the use of remote hearing technology.
We continue to monitor and review the demand on the First-tier Tribunal (IAC) and will work with the judiciary and HMCTS on any further actions that may be needed.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the total cost to the public purse was for legal fees relating to the Shamima Begum case.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Please note that legal aid is not paid directly to the individual in receipt of legal aid. Legal aid is paid to legal representatives to ensure access to justice.
The scope of immigration and asylum matters covered by legal aid are set out at Schedule 1 to Part 1 of the Legal Aid Sentencing and Punishment of Offenders Act 2012.
In civil legal aid cases an applicant must satisfy both a merits and strict financial eligibility test to qualify for legal aid (unless a specific exemption applies). If they do not satisfy these tests, then legal aid will not be made available to them. Applicants who meet the relevant financial eligibility thresholds may still be required to pay a significant contribution towards the costs of their case. The eligibility criteria are kept under review as the case progresses and legal aid may be withdrawn where they are no longer satisfied.
As at the time of writing, a total of £246,097.34 has been paid to legal aid providers in connection with representing Shamima Begum. A breakdown of these costs can be found in the table below:
Case Type | Matter/Proceeding | Start Date | End Date | Solicitors | Barristers | Total Costs |
Civil rep - Immigration | Special Immigration Appeals Commission - Asylum | 15/04/2019 | - | £0.00 | £238,000.34 | £238,000.34 |
Civil rep - Public Law | Action for Judicial Review - Pub Law | 23/08/2021 | - | £8,097.00 | £0.00 | £8,097.00 |
Total |
|
|
| £8,097.00 | £238,000.34 | £246,097.34 |
The costs include VAT and disbursements where applicable. Disbursements are expenses incurred which although paid by the Legal Aid Agency directly to legal aid providers, are then paid to other parties involved in the case.
Asked by: Lord Bailey of Paddington (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what steps they are taking to ensure that the asylum seekers' appeal system is not intentionally undermined, with the result that rejected applications are subsequently accepted.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
Where a person has been refused asylum and makes further submissions, there will only be a right of appeal if the further submissions amount to a fresh claim. There will be a fresh claim only if the further submissions have not previously been considered and, taken together with the previously considered material, created a realistic prospect of success. In the vast majority of cases where there is a right of appeal, the Home Office is represented by Presenting Officers who are specially trained on immigration law and practice, including cross-examination, to ensure any credibility issues are raised before the tribunal, and that decisions are robustly defended at appeal where it is right to do so.
Asked by: Christian Wakeford (Labour - Bury South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to reduce the backlog of court cases in Bury South constituency.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
We are pursuing a number of measures at a national level that will contribute to the reduction of cases in the Bury South constituency, to tackle the outstanding caseload across all jurisdictions.
Over 90% of all criminal cases are heard at the magistrates’ court, where we heard 100,000 cases a month on average across 2023. While the outstanding caseload in the magistrates’ courts has slightly increased in recent months due to an increase in the number of cases coming to court, the caseload remains well below its pandemic peak and stood at 353,900 at the end of September 2023, and cases continue to be progressed quickly.
To aid our efforts in the magistrates’ courts, we have invested over £1 million in a programme of work to support the recruitment of new magistrates, and launched a new marketing campaign to target a more diverse pool of potential magistrates and raise the overall profile of the magistracy.
At the Crown Court, we remain committed to reducing the outstanding caseload.
We have introduced a raft of measures to achieve this aim. We are on course to deliver over 100,000 sitting days this year for the third financial year running, alongside recruiting more than 1,000 judges across all jurisdictions.
Judges have worked tirelessly to complete more cases, with disposals up by 9% during Q3 in 2023 compared to Q4 in 2022 (25,700 compared to 23,700). However, an increase in cases coming before the Crown Court throughout 2023 has caused the outstanding caseload to increase, and it stood at 66,500 at the end of September 2023.
Data on the outstanding caseload at Crown Court centre level is published by the Ministry of Justice on a quarterly basis. Receipts, disposals and the outstanding caseload for individual Crown Court centres can be found at: Criminal court statistics quarterly: July to September 2023 - GOV.UK (www.gov.uk).
We are also investing more in our criminal courts. In August 2023, we announced we are investing £220 million for essential modernisation and repair work of our court buildings across the next two years, up to March 2025.
In the Family Court, we are working closely with system partners to drive forward a cross-cutting programme of work to address delays and inefficiencies in the system and to ensure cases are ready to be heard when they reach court.
We are committed to meeting the 26-week statutory requirement for public law cases, and the Government is investing an extra £10 million to develop new initiatives to support this.
In addition, we remain committed to supporting more families to reach agreement on their children and finance arrangements earlier and, where appropriate, without court involvement. As of February 2024, over 25,400 families have successfully used the Family Mediation Voucher Scheme to attempt to resolve their disputes outside of court. We are investing up to £23.6 million, which we intend will allow for its continuation up to March 2025.
With regards to civil cases, we are taking action to ensure those that do need to go to trial are dealt with quickly. We have launched the biggest ever judicial recruitment drive for District Judges, are digitising court processes and holding more remote hearings, and are increasing the use of mediation.
We announced in July 2023 that we would introduce a requirement for small claims in the county court to attend a mediation session with the Small Claims Mediation Service, starting with specified money claims. This requirement will start in the spring and is expected to help parties resolve their dispute swiftly and consensually without the need for a judicial hearing.
With regards to tribunals, we continue to work with the Department for Business and Trade on further measures to address caseloads in the Employment Tribunal, where the deployment of legal officers, recruitment of additional judges and a new electronic case management system have already contributed to the caseload falling and remaining below its pandemic peak.
We are working on completing the programme of reform in the Immigration and Asylum Chamber of the First-tier Tribunal, and the judiciary have recently introduced a virtual region pilot to provide additional judicial capacity and flexibility in how appeals are heard and disposed of.