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29 August 2023
Issue: 8038 / Categories: Legal News , Immigration & asylum , Human rights
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‘Staggering’ asylum claim delays

Thousands of asylum seekers are mired in a claims process beset by delays, backlogs and mistakes, according to the latest Home Office statistics.

The quarterly statistics, published last week, show an increase in the number of people waiting longer than six months for an initial decision on their asylum claim, from 89,231 in June 2022 to 139,691 in June 2023.

The Home Office was dealing with 134,046 cases—a record high. This figure, taking dependants into account, corresponded to a total of 174,457 people waiting for an initial decision on their asylum claim—a number described as ‘staggering’ by Richard Atkinson, Law Society deputy vice president.

Atkinson said: ‘These figures show the growing backlog is due to inefficiency and under resourcing of the asylum system.

‘The best way to bring down the backlog and reduce the cost to the taxpayer is to properly resource and train Home Office caseworkers to ensure sufficient and good quality decision-making.’

The statistics show 71% of applications were recognised as refugees at initial decision. Of those decisions appealed, 53% were overturned.

The figures also show the number of decisions withdrawn by the Home Office has more than doubled; a withdrawn case means the Home Office will no longer consider it and a claimant will not receive a decision, either of refugee status or a refusal. The Home Office withdrew 11,396 out of 24,000 decisions in the first six months of 2023. In comparison, there were 3,366 withdrawal decisions in the last six months of 2022.

Atkinson said: ‘The government updated its guidance to expand the circumstances in which a claim will be considered withdrawn.

‘It is not yet clear whether the increase in withdrawals is a result of the policy change and crucially, whether those affected are aware of these changes and the impact they can have on their claim being withdrawn.’

The Home Office maintains it will clear the backlog by the end of 2023, fulfilling a government commitment. The Illegal Migration Act 2023, which passed into law in July, creates a duty to remove persons arriving by an unauthorised route, regardless of any asylum claim.

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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