Ministers have been warned that new targets to cut the waiting times for asylum applications could have the opposite effect.
The government has outlined plans for a 24-week target to decide appeals brought in the first-tier Tribunal and Immigration and Asylum Chamber by those staying in taxpayer-funded accommodation.
The Home Office says stronger measures are needed to cut the asylum backlog and reduce spending and these will be introduced through amendments to the Border Security, Asylum and Immigration Bill which is currently in the House of Commons. Artificial intelligence will speed up asylum processing.
Home Secretary Yvette Cooper said asylum seekers should not be ‘stuck in hotels at the taxpayers’ expense during lengthy legal battles’.
Under the new proposals, the First-Tier Tribunal of the Immigration and Asylum Chamber will be required to determine an asylum appeal lodged by a person receiving accommodation support, or from a non-detained foreign national offender within 24 weeks where it is ‘reasonably practicable’ to do so. The latest published statistics show appeals to the tribunal take on average almost 50 weeks to process.
But Law Society president Richard Atkinson warned that while a new 24-week target is laudable in theory, it could prove unworkable in practice.
‘There is a long wait for appeals to be processed due to the sheer volume of cases going through the system,’ said Atkinson. ‘Efforts to clear the legacy backlog of asylum claims have led to more initial claims being refused, resulting in the number of appeals increasing even further.’
Read more
The new target was announced a day after the government had also trumpeted new measures to root out fake immigration lawyers offering rogue advice to migrants on how to lodge fraudulent asylum claims.
The immigration bill will give the Immigration Advice Authority the power to fine firms and individuals posing as immigration advisers up to £15,000.
Ministers will also prevent someone currently banned from giving immigration advice to continue giving advice under 'supervision' – ensuring those 'advisers' cannot set up shop elsewhere.
The IAA will be able to immediately suspend advisers suspected of carrying out abuse of the system and will have the power to compel former advisers to take part in complaint investigations about their past conduct even if they are no longer registered. Ministers say this will prevent rogue operators from avoiding investigation by leaving their role.
Responding to this announcement, Atkinson said: ‘Government efforts to crack down on unregulated immigration advisers are a positive step as people giving out advice when they shouldn’t be to some of the most vulnerable in society is extremely concerning.’
2 Readers' comments