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Immigration: Applications for Review

Volume 684: debated on Tuesday 25 July 2006

asked Her Majesty’s Government:

How many applications for review made under the Nationality, Immigration and Asylum Act 2002, including those made out of time, and orders made for reconsideration, there have been for (a) immigrant appellants; (b) appeals from the Home Office; and (c) appeals from the Foreign and Commonwealth Office. [HL6824]

In the period from 4 April 2005 to 31 March 2006 a total of 23,836 applications for review were received by the Asylum and Immigration Tribunal (AIT) under the “filter provision” established by paragraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. The total includes applications that were lodged outside of the prescribed time limits and is broken down as follows:

(a) 21,116 from the appellant party;

(b) 2,450 from the Home Office; and

(c) 270 from the Foreign and Commonwealth Office (FCO).

A total of 6,935 orders for reconsideration were made during the same period, some of which follow applications granted by the previous appellate body prior to the commencement of the AIT, which are broken down as follows:

(a) 4,952 orders for the appellant party;

(b) 1,664 orders for the Home Office; and

(c) 319 orders for the FCO.

A total of 4,468 review applications refused by the AIT were submitted to the appropriate appellate court, excluding Scotland and Northern Ireland, under the opt-in provisions established by the 2004 Act, which are broken down as follows:

(a) 4213 from the appellant party; and

(b) 255 from the Home Office.

A total of 459 orders for reconsideration were made, which are broken down as follows:

(a) 446 orders for the appellant party; and

(b) 13 orders for the Home Office.