---

Home Office

Answer

Mr. Rosindell: To ask the Secretary of State for the Home Department how many asylum cases which went to appeal during each of the last seven years were (a) granted and (b) refused leave to remain in the country; and what the total number of cases which went to appeal was in each year. [165619] Mr. Browne: Data on the number asylum cases that went onto appeal are given in the following tables. The tables show the outcomes of appeals determined by adjudicators of the Immigration Appellate Authority (IAA), further appeals to the Immigration Appeal Tribunal (IAT) and applications for Judicial Review for the latest seven years for which data are available. IAA Appeal determinations may relate to initial decisions made in previous years; IAT appeal determinations may relate to IAA determinations in earlier years. Outcomes of appeals relate to whether an asylum appeal is allowed, dismissed or withdrawn. Allowed appeals do not necessarily result in grants of leave to remain. Some appeals to the IAT are brought by the Secretary of State. A record 81,725 appeals were determined by IAA adjudicators in 2003, a quarter (27 per cent.) higher than in 2002 (64,405). The proportion of appeals dismissed rose to 78 per cent. in 2003 (76 per cent. in 2002), while the proportion of appeals allowed fell to 20 per cent. (22 per cent. in 2002). As at 31 December 2003, there were an estimated 12,000 appeals lodged with the Home Office which had not been sent to the Immigration Appellate Authority, compared with 30,000 at the end of December 2002; a proportion of appeals lodged do not result in appeal bundles being sent to the IAA. Appeals1 determined by adjudicators of the Immigration Appellate Authority, excluding dependants, 1997 to 2003 Number of principal appellants _________________________________________________________________________________________________. Appeals received by the Home Appeals received by the IAA Total determined 3 Office2 1997 20,950 22,385 21,090 1998 14,320 15,440 25,320 1999 6,615 7,775 19,460 2000 46,190 28,935 19,395 2001 74,365 47,905 43,415 20025 51,695 64,125 64,405 20035 645,600 70,575 81,725 Allowed Dismissed Withdrawn Total As % of total Total As % of total Total As % of total determined 4 determined 4 determined 4 1997 1,180 (6) 18,145 (86) 1,720 (8) 1998 2,355 (9) 21,195 (84) 1,770 (7) 1999 5,280 (27) 11,135 (57) 3,050 (16) 2000 3,340 (17) 15,580 (80) 475 (2) 2001 8,155 (19) 34,440 (79) 825 (2) 20025 13,875 (22) 48,845 (76) 1,685 (3) 20035 16,070 (20) 63,810 (78) 1,845 (2) _________________________________________________________________________________________________. 1 Figures (other than percentages) rounded to the nearest 5. Numbers might not add up due to rounding. 2 Figures for 1997 to 2000 are based on manual counts of data received in Appeals Support Section of the Home Office. Some cases are received elsewhere in the Home Office before being forwarded to ASS and so may be counted in a later month than when they arrived in the Home Office. Figures for 2001+ are based on electronic sources. 3 Based on information supplied by the Department for Constitutional Affairs. Determinations do not necessarily relate to appeals received in the same period. 4 Percentages based on total determined excluding without foundation appeals referred to Secretary of State for further consideration. Based on data supplied by the Presenting Officers Unit within the Home Office (October 1999-December 2002). 5 Provisional figures, 6 Estimate. Figures rounded to the nearest hundred, and subject to later revision. Further appeals to the Tribunal, decisions, and the outcome of Tribunal Hearings, excluding dependants, 1996 to 2002 1 Number of principal appellants _________________________________________________________________________________________________. Applications for leave Appeals to the Tribunal Outcome of Tribunal Hearings3 to appeal to the Tribunal 2 Application Decisions Received Determined Allowed Dismissed Withdrawn Remitted to s adjudicator s for further considerati on 1996 5,620 5,345 1,010 900 55 285 10 550 1997 58,915 58,130 2,185 51,375 .. .. .. .. 1998 510,910 510,315 1,775 51,090 .. .. .. .. 1999 8,635 9,575 2,135 1,790 .. .. .. .. 2000 6,020 5,490 1,615 2,635 815 1,385 220 215 2001 15,540 13,540 3,860 3,190 475 1,140 150 1,430 20024 25,600 22,825 6,920 5,565 620 2,015 225 2,700 _________________________________________________________________________________________________. Outcome of Tribunal Hearings3 _________________________________________________________________________________________________. Appellant Secretary of State Allowed Dismissed Withdrawn Allowed Dismissed Withdrawn 1996 .. .. .. .. .. .. 1997 .. .. .. .. .. .. 1998 .. .. .. .. .. .. 1999 .. .. .. .. .. .. 2000 650 1,225 185 170 165 35 2001 315 1,020 125 160 120 25 20024 410 1,880 210 215 130 15 _________________________________________________________________________________________________. 1 Figures rounded to the nearest 5. Numbers might not add up due to rounding. 2 Figures based on data supplied by the Department for Constitutional Affairs. Decisions and determinations do not necessarily correspond to applications and appeals received in any given year. 3 Figures supplied by the Presenting Officers Unit. Figures for October-December 1999 are based on data for November-December. 4 Provisional figures. 5 Revised figures. Applications for Judicial Review, and outcomes, excluding dependants, 1996 to 2002 _________________________________________________________________________________________________. Applications for leave to move for Judicial Review1 Applications Decisions 2 of which: granted leave Percentage of applicants to move granted leave to move 3 1996 1,225 915 190 (21) 1997 1,350 1,250 320 (26) 1998 1,890 1,220 300 (25) 1,790 1,125 395 (35) 20007 1,920 2,095 555 (26) 20017 2,210 2,300 290 (13) 20028 3,075 2,980 260 (9) The outcome of judicial review hearings1 Allowed4 Dismissed 5 Withdrawn Total As % of total Total As % of total Total As % of total determined determined determined 1996 1997 1998 135 (57) 25 (11) 75 (32) 20007 365 (48) 300 (40) 95 (12) 20017 260 (68) 60 (16) 60 (16) 20028 25 (30) 60 (67) 5 (3) _________________________________________________________________________________________________. 1 Figures based on Administrative Court data. Figures (other than percentages) rounded to the nearest 5 with * = 1 or 2. 2 Decisions do not relate to applications in any given period. 3 The number of which granted leave to move as a percentage of decisions. 4 The decision of the respondent (in this case, the Home Office or the Department for Constitutional Affairs) was quashed. These figures include consent orders where the JR was conceded by the respondent. 5 The decision of the respondent was upheld. 6 Estimated figures. 7 Figures exclude judicial reviews brought in cases relating to asylum support (NASS). 8 Provisional figures. Statistics on the number of asylum appeals heard by adjudicators of the Immigration Appellate Authority are published quarterly; data covering the Immigration Appeal Tribunal and Judicial Review are published annually. Copies of the most recent publications are available from the Library of the House or on the Home Office Research Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/ immigration1.html.

Secondary information

Type

Written question

Reference

165619; 420 c1282-5W

Session

2003-04

Subjects

Appeals Asylum Applications Judicial review Tribunals Immigration Adjudicators Immigration Appeal Tribunal Immigration Appellate Authority

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk