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19 November 2025
Issue: 8140 / Categories: Legal News , Immigration & asylum , Human rights
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Asylum reform to limit Art 8 & deter arrivals

Asylum seekers would be allowed ‘a single appeal’ at a new, independent appeals body staffed by adjudicators, in a substantial reform package on asylum

Currently, people wait more than a year on average for their asylum appeal to be heard due to a huge backlog, up from 7,000 in 2023 to 51,000 at the end of March. Under Home Office plans set out this week in its policy paper, ‘Restoring order and control’, claims with ‘a low likelihood of success’ would be accelerated, as would appeals for ‘removable high-harm cases’ and others where this is in the public interest.

The government also aims to legislate to clarify the public interest test in order to ‘narrow the circumstances’ in which it would be outweighed by an individual’s Art 8 rights to family life. ‘Family’ would be restricted to immediate family.

Refugees would be afforded ‘more basic, and temporary’ support, known as ‘core protection’, with the current five-year leave to remain halved to 30 months. If not considered ‘in need’ at that point, they would then be liable for removal. Under core protection there would be no automatic right to family reunion. Refugees would need to have lived in the UK for 20 years rather than the current five before applying for indefinite settled status.

The Home Office intends to consult on processes for enforcing the removal of families, including children, while respecting the principle of non-refoulement.

It is also negotiating with a ‘number of countries’ on ‘return hubs’ where asylum seekers can be sent if their claim fails. Visa penalties would be imposed on countries that refuse returns of citizens.

The policy paper states the government ‘expects those who are arriving or returning to the UK to seek work’, raising the possibility it might lift the ban on asylum seekers finding employment.

Law Society president Mark Evans said: ‘As well as ensuring the right to a fair hearing, reforms must also respect international treaties, which have been made in good faith to benefit us all. As reforms take place it is vital that they are tested against these core principles with proper accountability and transparency.’

MOVERS & SHAKERS

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

NEWS
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
Draft Legal Services Board (LSB) proposals on equality, diversity and inclusion (EDI) could make life tougher for many Black, Asian or minority ethnic solicitors, the Law Society has warned
The High Court has given the go-ahead to a judicial review against environmental regulations that could enable genetically engineered plants to enter the food system untraced
Lawyers have until 26 May to share their views on the best way to protect children from harm online
The Civil Mediation Council (CMC) has launched a public consultation on a draft Code of Professional Practice for Mediators
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