It’s being claimed by lawyers that the challenges being presented by the Home Office is unnecessarily preventing individuals from continuing with their lives by questioning their right to stay in the country during what can only be described as a traumatic process. It’s been confirmed that almost three quarters of immigration appeals in court against asylum seekers staying in the UK are being dismissed. This reinforces that the low success of these expensive cases is extensive with likely negative results at the end.
In 2017 to 2018, out of 11,974 cases, 4332 home office referrals to court were overturned. Of those granted leave to remain in the UK 1,235 were referred to the upper tribunal to appeal further, and 900 were rejected by a judge, equalling to 73% of total appeals.
The nature of these latest figures has bought up concern surrounding the treatment of those going through the immigration process who often deal with lengthy delays, some up to a year for appeal results in general. This causes delays in everyday life regarding things like working, healthcare access, accommodation as well as it stimulates stress and mental health issues. Some have described the process as ‘hostile’, making them feel like outsiders, ‘aliens’ even. Further legal fees are causing similar outcomes of trauma, and still asylum seekers are not being granted leave to remain. Even though returning home could mean returning to persecution, torture or even death.
The Home Office have responded and claim that all appeals are considered carefully. They say cases referred to the upper tribunal are only raised when it is believed that there is a material error of law. Those rejected, they say, are appeals dismissed at the first-tier tribunal for particular reasons decided by the judge in question.
By Idman Omar
Astons is a leading global immigration advisory firm with offices in London, Moscow, Dubai, Cyprus and China and offers residency & citizenship investment solutions in the UK, EU & the Caribbean.
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