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Written Question
Asylum: Appeals
Tuesday 1st March 2022

Asked by: Scott Benton (Independent - Blackpool South)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many failed asylum applications have been successfully appealed by the claimant since 2019.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Home Office publishes data on small boat arrivals in the ‘Irregular migration to the UK’ release. Data on the number of small boat arrivals is published in the ‘Irregular migration summary tables’, including breakdowns by nationality, age and sex. The latest data cover the period up to the end of December 2021.

The Home Office publishes data on asylum and returns in the ‘Immigration Statistics Quarterly Release’.

  • Data on asylum applications and initial decisions on asylum applications are published in tables Asy_D01 and Asy_D02 of the ‘asylum and resettlement detailed datasets’.
  • Data on appeals and appeal outcomes are published in tables Asy_D06 and Asy_D07 of the detailed datasets (available at the above link). For appeals, please note that most, but not all, appeals will relate to those who have had their claim refused at initial decision; a small number of appeals relate to cases which received a grant of leave other than asylum.
  • Data on asylum-related returns by type of return (including enforced returns, of which ‘deportations’ are a subset) are published in table Ret_05 in the returns summary tables. The latest data relate to the year ending September 2021.

The term 'deportations' refers to a legally-defined subset of returns, which are enforced either following a criminal conviction, or when it is judged that a person’s removal from the UK is conducive to the public good. The published statistics refer to enforced returns which include deportations, as well as cases where a person has breached UK immigration laws and those removed under other administrative and illegal entry powers that have declined to leave voluntarily. Figures on deportations, which are a subset of enforced returns, are not separately available.

The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:

  1. enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry);
  2. overstay their period of legal right to remain in the UK;
  3. breach their conditions of leave;
  4. are subject to deportation action; for example, due to a serious criminal conviction, and
  5. have been refused asylum.

Asylum-related returns relate to cases where there has been an asylum claim at some stage prior to the return. This will include asylum seekers whose asylum claims have been refused, and who have exhausted any rights of appeal, those returned under third country provisions, as well as those granted asylum/protection, but removed for other reasons (such as criminality).


Written Question
Undocumented Migrants: English Channel
Tuesday 1st March 2022

Asked by: Scott Benton (Independent - Blackpool South)

Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will publish the demographic data of migrants who have arrived in the UK via illegal crossing on the English Channel since 2019.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Home Office publishes data on small boat arrivals in the ‘Irregular migration to the UK’ release. Data on the number of small boat arrivals is published in the ‘Irregular migration summary tables’, including breakdowns by nationality, age and sex. The latest data cover the period up to the end of December 2021.

The Home Office publishes data on asylum and returns in the ‘Immigration Statistics Quarterly Release’.

  • Data on asylum applications and initial decisions on asylum applications are published in tables Asy_D01 and Asy_D02 of the ‘asylum and resettlement detailed datasets’.
  • Data on appeals and appeal outcomes are published in tables Asy_D06 and Asy_D07 of the detailed datasets (available at the above link). For appeals, please note that most, but not all, appeals will relate to those who have had their claim refused at initial decision; a small number of appeals relate to cases which received a grant of leave other than asylum.
  • Data on asylum-related returns by type of return (including enforced returns, of which ‘deportations’ are a subset) are published in table Ret_05 in the returns summary tables. The latest data relate to the year ending September 2021.

The term 'deportations' refers to a legally-defined subset of returns, which are enforced either following a criminal conviction, or when it is judged that a person’s removal from the UK is conducive to the public good. The published statistics refer to enforced returns which include deportations, as well as cases where a person has breached UK immigration laws and those removed under other administrative and illegal entry powers that have declined to leave voluntarily. Figures on deportations, which are a subset of enforced returns, are not separately available.

The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:

  1. enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry);
  2. overstay their period of legal right to remain in the UK;
  3. breach their conditions of leave;
  4. are subject to deportation action; for example, due to a serious criminal conviction, and
  5. have been refused asylum.

Asylum-related returns relate to cases where there has been an asylum claim at some stage prior to the return. This will include asylum seekers whose asylum claims have been refused, and who have exhausted any rights of appeal, those returned under third country provisions, as well as those granted asylum/protection, but removed for other reasons (such as criminality).


Written Question
Asylum: Deportation
Tuesday 1st March 2022

Asked by: Scott Benton (Independent - Blackpool South)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many people whose claim for asylum was unsuccessful have been deported by her Department since 2019.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Home Office publishes data on small boat arrivals in the ‘Irregular migration to the UK’ release. Data on the number of small boat arrivals is published in the ‘Irregular migration summary tables’, including breakdowns by nationality, age and sex. The latest data cover the period up to the end of December 2021.

The Home Office publishes data on asylum and returns in the ‘Immigration Statistics Quarterly Release’.

  • Data on asylum applications and initial decisions on asylum applications are published in tables Asy_D01 and Asy_D02 of the ‘asylum and resettlement detailed datasets’.
  • Data on appeals and appeal outcomes are published in tables Asy_D06 and Asy_D07 of the detailed datasets (available at the above link). For appeals, please note that most, but not all, appeals will relate to those who have had their claim refused at initial decision; a small number of appeals relate to cases which received a grant of leave other than asylum.
  • Data on asylum-related returns by type of return (including enforced returns, of which ‘deportations’ are a subset) are published in table Ret_05 in the returns summary tables. The latest data relate to the year ending September 2021.

The term 'deportations' refers to a legally-defined subset of returns, which are enforced either following a criminal conviction, or when it is judged that a person’s removal from the UK is conducive to the public good. The published statistics refer to enforced returns which include deportations, as well as cases where a person has breached UK immigration laws and those removed under other administrative and illegal entry powers that have declined to leave voluntarily. Figures on deportations, which are a subset of enforced returns, are not separately available.

The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:

  1. enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry);
  2. overstay their period of legal right to remain in the UK;
  3. breach their conditions of leave;
  4. are subject to deportation action; for example, due to a serious criminal conviction, and
  5. have been refused asylum.

Asylum-related returns relate to cases where there has been an asylum claim at some stage prior to the return. This will include asylum seekers whose asylum claims have been refused, and who have exhausted any rights of appeal, those returned under third country provisions, as well as those granted asylum/protection, but removed for other reasons (such as criminality).


Written Question
Asylum: Applications
Tuesday 1st March 2022

Asked by: Scott Benton (Independent - Blackpool South)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many asylum claims have been successfully processed by her Department since 2019.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Home Office publishes data on small boat arrivals in the ‘Irregular migration to the UK’ release. Data on the number of small boat arrivals is published in the ‘Irregular migration summary tables’, including breakdowns by nationality, age and sex. The latest data cover the period up to the end of December 2021.

The Home Office publishes data on asylum and returns in the ‘Immigration Statistics Quarterly Release’.

  • Data on asylum applications and initial decisions on asylum applications are published in tables Asy_D01 and Asy_D02 of the ‘asylum and resettlement detailed datasets’.
  • Data on appeals and appeal outcomes are published in tables Asy_D06 and Asy_D07 of the detailed datasets (available at the above link). For appeals, please note that most, but not all, appeals will relate to those who have had their claim refused at initial decision; a small number of appeals relate to cases which received a grant of leave other than asylum.
  • Data on asylum-related returns by type of return (including enforced returns, of which ‘deportations’ are a subset) are published in table Ret_05 in the returns summary tables. The latest data relate to the year ending September 2021.

The term 'deportations' refers to a legally-defined subset of returns, which are enforced either following a criminal conviction, or when it is judged that a person’s removal from the UK is conducive to the public good. The published statistics refer to enforced returns which include deportations, as well as cases where a person has breached UK immigration laws and those removed under other administrative and illegal entry powers that have declined to leave voluntarily. Figures on deportations, which are a subset of enforced returns, are not separately available.

The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:

  1. enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry);
  2. overstay their period of legal right to remain in the UK;
  3. breach their conditions of leave;
  4. are subject to deportation action; for example, due to a serious criminal conviction, and
  5. have been refused asylum.

Asylum-related returns relate to cases where there has been an asylum claim at some stage prior to the return. This will include asylum seekers whose asylum claims have been refused, and who have exhausted any rights of appeal, those returned under third country provisions, as well as those granted asylum/protection, but removed for other reasons (such as criminality).


Written Question
Undocumented Migrants: English Channel
Tuesday 1st March 2022

Asked by: Scott Benton (Independent - Blackpool South)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many migrants successfully crossed the English Channel in each year since 2019.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Home Office publishes data on small boat arrivals in the ‘Irregular migration to the UK’ release. Data on the number of small boat arrivals is published in the ‘Irregular migration summary tables’, including breakdowns by nationality, age and sex. The latest data cover the period up to the end of December 2021.

The Home Office publishes data on asylum and returns in the ‘Immigration Statistics Quarterly Release’.

  • Data on asylum applications and initial decisions on asylum applications are published in tables Asy_D01 and Asy_D02 of the ‘asylum and resettlement detailed datasets’.
  • Data on appeals and appeal outcomes are published in tables Asy_D06 and Asy_D07 of the detailed datasets (available at the above link). For appeals, please note that most, but not all, appeals will relate to those who have had their claim refused at initial decision; a small number of appeals relate to cases which received a grant of leave other than asylum.
  • Data on asylum-related returns by type of return (including enforced returns, of which ‘deportations’ are a subset) are published in table Ret_05 in the returns summary tables. The latest data relate to the year ending September 2021.

The term 'deportations' refers to a legally-defined subset of returns, which are enforced either following a criminal conviction, or when it is judged that a person’s removal from the UK is conducive to the public good. The published statistics refer to enforced returns which include deportations, as well as cases where a person has breached UK immigration laws and those removed under other administrative and illegal entry powers that have declined to leave voluntarily. Figures on deportations, which are a subset of enforced returns, are not separately available.

The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:

  1. enter, or attempt to enter, the UK illegally (including people entering clandestinely and by means of deception on entry);
  2. overstay their period of legal right to remain in the UK;
  3. breach their conditions of leave;
  4. are subject to deportation action; for example, due to a serious criminal conviction, and
  5. have been refused asylum.

Asylum-related returns relate to cases where there has been an asylum claim at some stage prior to the return. This will include asylum seekers whose asylum claims have been refused, and who have exhausted any rights of appeal, those returned under third country provisions, as well as those granted asylum/protection, but removed for other reasons (such as criminality).


Written Question
Offenders: Deportation
Thursday 2nd December 2021

Asked by: Lord Hylton (Crossbench - Excepted Hereditary)

Question to the Home Office:

To ask Her Majesty's Government why there has been a decrease in the number of foreign national offenders deported from the UK since 2016; and what plans, if any, they have to reverse this trend.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The Government is clear foreign nationals who abuse our hospitality by committing crimes should be in no doubt of our determination to deport them and since January 2019 we have removed 8,441 foreign national offenders.

We deal with significant and complex challenges when seeking to deport FNOs. These challenges can include travel documentation, late claims, late legal challenges and broader non-compliance with a lawful returns process.

Despite having numerous opportunity to raise grounds at any stage of the immigration process asylum claims, appeals and judicial reviews are all commonly raised by people awaiting return, and generally lead to release from detention – despite the vast majority not ultimately receiving a positive outcome for the applicant when the claim is reviewed. The prevalence of this issue is increasing, and evidence on how the system is open to abuse, which can divert resources away from genuine victims of trafficking, persecution and serious harm, can be found in an article under the 'deportation, removals and curtailment' on gov.uk. There is supporting data in the report 'Issues raised by people facing return in immigration detention', which can also be found on gov.uk. And whilst removals have continued, the COVID-19 pandemic has affected our ability to deport as many FNOs as in previous years, due to travel restrictions, fewer scheduled routes and significant disruption to other services which support the removal of foreign criminals (such as court closures).

The New Plan for Immigration will make it easier and quicker to remove FNOs and those with no right to be in the UK. The Nationality and Borders Bill will extend the period an FNO can be removed from prison under the early removal scheme (ERS) from a maximum of 9 months to 12 months, providing the minimum requisite period has been served. The Bill will also 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. A new power will also be implemented to impose visa penalties on countries who do not cooperate with the UK on the removal of their nationals who do not have a right to be in the UK.

Further information can be found in the New Plan for Immigration statement and the factsheet - Nationality and Borders Bill, which can both be found on gov.uk.


Written Question
Asylum: Appeals
Thursday 2nd December 2021

Asked by: Lord Brabazon of Tara (Conservative - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty's Government (1) how many, and (2) what proportion of, asylum appeals were successful due to the absence of a Home Office legal representative at the appeals tribunal.

Answered by Lord Wolfson of Tredegar

Information on Home Office attendance at Immigration & Asylum Tribunal hearings is not collated centrally by HM Courts and Tribunals Service. Any decision to allow an Asylum appeal is made by a Judge based on the merits of each case.


Written Question
Asylum: Appeals
Wednesday 24th November 2021

Asked by: Matthew Offord (Conservative - Hendon)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many people are waiting to be removed from the UK having exhausted the appeals process in their asylum applications.

Answered by Kevin Foster

Information regarding the number of failed asylum seekers still living in the UK can be found on tables ASY03 and RCM02 of the most recently published immigration and protection transparency data:

https://www.gov.uk/government/publications/immigration-and-protection-data-q2-2021


Written Question
Immigration Bail: North West
Wednesday 3rd November 2021

Asked by: Afzal Khan (Labour - Manchester, Gorton)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many people subject to reporting conditions have dependent children in (a) Manchester Gorton, (b) Manchester, (c) Greater Manchester and (d) the North West as at 26 October 2021.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

Bail conditions are imposed where an individual without valid leave to remain in the UK comes into contact with Immigration Enforcement (IE) and are not imminently removable. For example, where a legal barrier or lack of travel document prevents their return. The individual would be placed on reporting. This is a form of contact management, whereby individuals are required to attend a Reporting Centre (managed by IE) or a police station on a regular basis. UKVI, Asylum, Criminal Casework, Removal Casework and ICE all feed cases into the reporting population. The frequency at which an offender reports is based on their removability, the risk they pose to the public and their vulnerability. There are 14 Reporting Centres throughout the UK and over 100 police stations where individuals are required to report. These are serviced by c.210 Full Time-Equivalent (FTE). When attending a reporting event, an individual may be interviewed to gather information that allows Immigration Enforcement to apply for a travel document and make a decision on an outstanding application or promote a voluntary return. When an individual becomes removable, they may be detained at a Reporting Centre or a Police station when they next report. Significant changes have been made to bail conditions, and to reporting requirements, considering the evolution of the current pandemic. We do not routinely publish the information that has been requested, however, requiring a child to report will be rare and the decision will be made on a case by case basis by the reporting and offender management teams, taking into account every child matters: statutory guidance and the best interests of the child. Home Office defines an age dispute case as one where an individual:

  • Claims to be a child.
  • The categories such as credible and clear documentary evidence that they are 18 years of age or over or prior to detention gave a date of birth that would make them an adult and/or stated they were an adult; and only claimed to be a child after a decision had been taken on their asylum claim, entry to the UK or immigration status do not apply.
  • The individual is unable to prove he/she is under 18 years old and is awaiting a Merton compliant age assessment to confirm their age.
It’s also important to note that due to the ongoing COVID-19 pandemic, we introduced interim guidance on reporting for individuals which means that not everybody within the reporting population is currently required to report in-person. There is no change to the case working process. Caseworkers make decisions regarding who is required to attend a Reporting Centre on behalf of the Secretary of State. Caseworkers evaluate each case based on up to date circumstances and in accordance with law. The decision is made to set up reporting in line with the existing bail and reporting policies as well as the new interim reporting guidance. Based on recent data only a very small percentage of the reporting population are currently required to report in-person as a condition of bail at this time. Initially, there was a temporary suspension on in-person reporting for those who would otherwise be required to report, which was applied from 17 March 2020. Following the introduction of large-scale testing and a reduction in the rates of transmission, and in light of the scientific advice as to the measures that could be implemented to enhance public safety, reporting centres then re-opened, initially through two pilot schemes commencing on 20 July 2020, and then through other centres. COVID-19 risk assessments and safe systems of working were introduced, together with other safety measures, including, where appropriate, an adjustment of the time slots for reporting. Following the introduction of further national restrictions in November 2020 and January 2021, the Home Office’s approach was reviewed and revised again, as reflected in the latest COVID-19 interim guidance, “Reporting and offender management – interim guidance” (Version 3.0). Currently only individuals within five priority cohorts are expected to report in-person at reporting centres, or in some locations Police stations, these groups are categorised as:
  • (a) foreign national offenders (FNOs)/High Harm/Special Immigration Appeals Commission (SIAC) or other security cases. Persons who are on Restricted Leave.
  • (b) those who have shown a willingness to return home voluntarily and where reporting will aid the process of return
  • (c) those who have not returned home and who have not engaged with our Voluntary Return programme – including delivery of a Detention on Reporting (DOR)
  • (d) those identified for removal
  • (e) those who are not immediately removable but have failed to comply with telephone contact and are currently ‘out of contact.’
Please see the link below to the interim guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/940714/rom-interim-guidance-v1.0ext.pdf

The position is kept under on-going review, having regard to public health considerations as well as the public interest in the maintenance of immigration control.


Written Question
Immigration Bail: North West
Wednesday 3rd November 2021

Asked by: Afzal Khan (Labour - Manchester, Gorton)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many people subject to a reporting condition are in the care of local authorities in (a) Manchester Gorton, (b) Manchester, (c) Manchester Gorton and (d) in the North West as a (i) looked-after child and (ii) care leaver on 26 October 2021.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

Bail conditions are imposed where an individual without valid leave to remain in the UK comes into contact with Immigration Enforcement (IE) and are not imminently removable. For example, where a legal barrier or lack of travel document prevents their return. The individual would be placed on reporting. This is a form of contact management, whereby individuals are required to attend a Reporting Centre (managed by IE) or a police station on a regular basis. UKVI, Asylum, Criminal Casework, Removal Casework and ICE all feed cases into the reporting population. The frequency at which an offender reports is based on their removability, the risk they pose to the public and their vulnerability. There are 14 Reporting Centres throughout the UK and over 100 police stations where individuals are required to report. These are serviced by c.210 Full Time-Equivalent (FTE). When attending a reporting event, an individual may be interviewed to gather information that allows Immigration Enforcement to apply for a travel document and make a decision on an outstanding application or promote a voluntary return. When an individual becomes removable, they may be detained at a Reporting Centre or a Police station when they next report. Significant changes have been made to bail conditions, and to reporting requirements, considering the evolution of the current pandemic. We do not routinely publish the information that has been requested, however, requiring a child to report will be rare and the decision will be made on a case by case basis by the reporting and offender management teams, taking into account every child matters: statutory guidance and the best interests of the child. Home Office defines an age dispute case as one where an individual:

  • Claims to be a child.
  • The categories such as credible and clear documentary evidence that they are 18 years of age or over or prior to detention gave a date of birth that would make them an adult and/or stated they were an adult; and only claimed to be a child after a decision had been taken on their asylum claim, entry to the UK or immigration status do not apply.
  • The individual is unable to prove he/she is under 18 years old and is awaiting a Merton compliant age assessment to confirm their age.
It’s also important to note that due to the ongoing COVID-19 pandemic, we introduced interim guidance on reporting for individuals which means that not everybody within the reporting population is currently required to report in-person. There is no change to the case working process. Caseworkers make decisions regarding who is required to attend a Reporting Centre on behalf of the Secretary of State. Caseworkers evaluate each case based on up to date circumstances and in accordance with law. The decision is made to set up reporting in line with the existing bail and reporting policies as well as the new interim reporting guidance. Based on recent data only a very small percentage of the reporting population are currently required to report in-person as a condition of bail at this time. Initially, there was a temporary suspension on in-person reporting for those who would otherwise be required to report, which was applied from 17 March 2020. Following the introduction of large-scale testing and a reduction in the rates of transmission, and in light of the scientific advice as to the measures that could be implemented to enhance public safety, reporting centres then re-opened, initially through two pilot schemes commencing on 20 July 2020, and then through other centres. COVID-19 risk assessments and safe systems of working were introduced, together with other safety measures, including, where appropriate, an adjustment of the time slots for reporting. Following the introduction of further national restrictions in November 2020 and January 2021, the Home Office’s approach was reviewed and revised again, as reflected in the latest COVID-19 interim guidance, “Reporting and offender management – interim guidance” (Version 3.0). Currently only individuals within five priority cohorts are expected to report in-person at reporting centres, or in some locations Police stations, these groups are categorised as:
  • (a) foreign national offenders (FNOs)/High Harm/Special Immigration Appeals Commission (SIAC) or other security cases. Persons who are on Restricted Leave.
  • (b) those who have shown a willingness to return home voluntarily and where reporting will aid the process of return
  • (c) those who have not returned home and who have not engaged with our Voluntary Return programme – including delivery of a Detention on Reporting (DOR)
  • (d) those identified for removal
  • (e) those who are not immediately removable but have failed to comply with telephone contact and are currently ‘out of contact.’
Please see the link below to the interim guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/940714/rom-interim-guidance-v1.0ext.pdf

The position is kept under on-going review, having regard to public health considerations as well as the public interest in the maintenance of immigration control.