Asked by: Naz Shah (Labour - Bradford West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 25th May 2022 to Question 5436 on Asylum: Rwanda, what assessment she has made of the potential impact of cuts to legal aid for asylum applications on the ability of people to adequately make representations where they feel deportation to Rwanda would be detrimental to their physical or mental wellbeing.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
Decisions on whether to relocate individuals to Rwanda are made on a case-by-case basis depending on the individual circumstances at the time, and in accordance with the inadmissibility guidance available at https://www.gov.uk/government/publications/inadmissibility-third-country-cases.
Everyone considered for relocation will be screened and have access to legal advice, and nobody will be removed if it is unsafe or inappropriate for them.
No changes have been made to legal aid for asylum applications or appeals. Legal aid has been, and will always be, available in asylum cases.
The Government is investing over £8m in legal aid through the Nationality and Borders Act, where legal aid will be available for potential victims of modern slavery and where individuals have been served with a priority removal notice.
Asked by: Matt Vickers (Conservative - Stockton South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to modernise the courts system.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
We are investing £1.3bn to transform the justice system, introducing 21st Century technology and online services to increase access to justice, improve efficiency and modernise the courts.
We have already delivered eight digital services, allowing people to apply online for cases in immigration and asylum, divorce, probate, civil money claims, benefit decision appeals in the Social Security and Child Support Tribunal, and local authority child welfare applications in the Family Court. We are also rolling out a new digital system in the criminal courts which gives all parties involved in criminal cases access to case information and enabling magistrates' courts to handle minor offences in a quicker and easier way.
Having supported the rapid deployment of video-enabled court and tribunal hearings building on the early work of the programme, we are releasing a bespoke video hearings service, enabling fully remote and hybrid hearings to take place across all jurisdictions. Parties to cases and lawyers are able to attend hearings remotely where appropriate, saving time, effort and cost.
Reform is on track to complete in 2023 and will deliver further digitisation of services before closure. This will include delivering services for adoption, the Employment Tribunal, and other tribunals covering case types including special educational needs and mental health.
The digital reforms and simplified services are removing simple cases from court, cutting down unnecessary paperwork and helping some of the most vulnerable people facing difficult situations get justice as quickly as possible. This is also critical to enabling us to recover workloads in courts and tribunals which are still experiencing impacts from the pandemic.
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many and what proportion of challenges to deportations of foreign national offenders by her Department have been successful in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many challenges of deportations of foreign national offenders by her Department have been successful for offenders with sentences of (a) less than one year custodial sentence, (b) one to four years custodial sentence and (c) more than four years custodial sentence in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many and what proportion of attempted deportations of foreign national offenders by her Department have been successfully challenged on Article 8 ECHR grounds in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many attempted deportations by her Department of foreign national offenders have been successfully challenged in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Lord Oates (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what processes they follow to implement the judgments of the First Tier Tribunal (Immigration and Asylum Chamber).
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Published guidance in relation to implementing allowed appeals can be found here - Implementing allowed appeals (publishing.service.gov.uk).
Asked by: Lord Oates (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what was the average time between a judgment being made by the First Tier Tribunal (Immigration and Asylum Chamber) and implementation of that judgment by the Home Office, in each of the past five years.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
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.
Where an appeal has been allowed in favour of the appellant, and is not subject to onward appeal, we take all reasonable steps to implement the allowed appeal in a timely manner.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department has a record of the number of parents separated from their children as a result of deportations by her Department.
Answered by Kevin Foster
The information requested above is not available in a reportable format and would require a manual check of individual records which could only be done at disproportionate cost.
The Home Office published a one-off release on 22 February 2022, Statistical note: FNO appeals lodged and allowed on human rights grounds, 2008 to 2021 - GOV.UK (www.gov.uk). The Ministry of Justice also publish data regarding all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC) in the following statistical quarterly release:
Tribunal Statistics Quarterly: October to December 2021 - GOV.UK (www.gov.uk)
Section 32 of the UK Borders Act 2007 provides a statutory duty to deport a foreign national if they have been convicted of an offence in the UK and sentenced to a period of imprisonment of at least 12 months. This is subject to several exceptions, including where to do so would be a breach of a person’s ECHR rights or the UK’s obligations under the Refugee Convention.
Those deported are provided with the opportunity to raise claims prior to their removal being enforced. Where an Article 8 human rights claim is advanced by a foreign national offender, careful consideration is given to their claimed family and/or private life, in accordance with the Immigration Rules. All claims raised are fully considered on the individual merits of the case and decided before deportation. The UK only ever returns those who the Home Office and, where applicable, the courts are satisfied do not have a legal basis to remain in the UK.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many appeals against deportation lodged in 2021 were allowed (a) on family life grounds and (b) on the basis that deportation would have an unduly harsh impact on a qualifying child.
Answered by Kevin Foster
The information requested above is not available in a reportable format and would require a manual check of individual records which could only be done at disproportionate cost.
The Home Office published a one-off release on 22 February 2022, Statistical note: FNO appeals lodged and allowed on human rights grounds, 2008 to 2021 - GOV.UK (www.gov.uk). The Ministry of Justice also publish data regarding all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC) in the following statistical quarterly release:
Tribunal Statistics Quarterly: October to December 2021 - GOV.UK (www.gov.uk)
Section 32 of the UK Borders Act 2007 provides a statutory duty to deport a foreign national if they have been convicted of an offence in the UK and sentenced to a period of imprisonment of at least 12 months. This is subject to several exceptions, including where to do so would be a breach of a person’s ECHR rights or the UK’s obligations under the Refugee Convention.
Those deported are provided with the opportunity to raise claims prior to their removal being enforced. Where an Article 8 human rights claim is advanced by a foreign national offender, careful consideration is given to their claimed family and/or private life, in accordance with the Immigration Rules. All claims raised are fully considered on the individual merits of the case and decided before deportation. The UK only ever returns those who the Home Office and, where applicable, the courts are satisfied do not have a legal basis to remain in the UK.