In the name of efficiency, the Government is planning on implementing a new Asylum Appeal Fast Track Service, which will reintroduce time limits for the appeals of detained asylum seekers and foreign criminals. The Government believes that this will be better for detainees, as it will speed up their Asylum Appeal and result in them spending less time in detention, and will also reduce the burden on the public purse. How it is to be implemented in an understaffed and overworked judicial system is yet to be seen.
What was the Previous Process for an Asylum Appeal?
Until 2015, the Home Office operated a Detained Fast Track system that was supposedly in place to allow an Asylum Appeal to be speedily expedited. The system entailed asylum seekers being detained whilst their claims were assessed, in order that they did not abscond. This led to the Home Office facing challenges in the High Court and ultimately the Court of Appeal over the legality of enforcing these detentions, and it was held by the Court of Appeal that the Detained Fast Track System was indeed unlawful.
The Detained Fast Track System was believed by the Courts to contain ‘structural unfairness’ and risks as to the safeguards for vulnerable applicants who entered the system. An Asylum Appeal would be assessed under the Detained Fast Track System if caseworkers thought that the appeal could be decided quickly, but those applicants who had suffered human rights abuses, or who had complex cases, were denied the time required to present their case in a cogent manner. The procedures in the system were thus judged to not be as fair as they should be, and the Detained Fast Track System was at first put under a ‘legal stay’, before being scrapped.
What is the New Process For an Asylum Appeal?
The Government now plans, however, to reintroduce time limitations for an Asylum Appeal made by detained asylum seekers and foreign criminals. The procedures that weakened the previous system will be strengthened with a case management review system and further powers for judges, which should increase the safeguards that were previously lacking. The Government also hopes to introduce a cap of 25 to 28 days between the initial decision and the conclusion of the appeal, thus reducing the time frame necessary for an Asylum Appeal.
The Government hopes that the implementation of their proposals will see improvements in the conditions for detainees, as a cap on the processing time for appeals will result in their detention time being reduced. An Asylum Appeal can take a long period of time to conclude, and the Government hopes that by introducing a cap on waiting time the burden on the public purse will also reduce. On an immigration enforcement note, however, the Government also believes that having faster processing times for each Asylum Appeal will ultimately result in foreign criminals and failed asylum seekers being deported or removed faster than they currently are, and that their new proposals will prevent the Asylum Appeal system from being exploited.
Using Legal Representation to make an Asylum Appeal in the United Kingdom
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an Asylum Appeal.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully make an Asylum Appeal in the United Kingdom
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.