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Nationality, Immigration and Asylum Act

Volume 709: debated on Thursday 19 March 2009

Question

Asked by

To ask Her Majesty's Government for each year since 2005, how many applications there have been to the Administrative Court, from appellants and from the Secretary of State, for review of determinations under Section 103A of the Nationality, Immigration and Asylum Act 2002; and how many orders for reconsideration were made by that court, in favour of the appellant and the Secretary of State. [HL2091]

The relevant information is shown in the tables below.

Table 1

Number of applications received by the Administrative Court from appellants and from the Secretary of State, for reconsideration under s103a NIAA 2002 for each year since 2005

Applications Received

2005(1)

2006

2007

2008

Lodged by Secretary of State for the Home Department

26

385

13

34

Lodged by the Appellant

3,346

2,897

3,716

4,150

Total

3,372

3,282

3,729

4,184

(1) 2005 figures are from April to December only.

Please note that in 2006 a high number of the applications received from the Secretary of State for the Home Department were in relation to decisions made in cases involving Zimbabwean nationals. These cases were stayed until earlier this year (2009) pending test cases, and are only now in the process of being considered.

Table 2

The results of applications from appellants and from the Secretary of State, considered under s103a NIAA 2002 by the Administrative Court for each year since 2005

Applications Determined by the Court

2005(1)

2006

2007

2008

Result

Granted

Refused

Granted

Refused

Granted

Refused

Granted

Refused

Lodged by Secretary of State for the Home Dept

11

5

8

7

9

14

4

13

Lodged by the Appellant

343

2,753

285

2,338

311

3,239

448

3,449

Total

354

2,758

293

2,345

320

3,253

452

3,462

(1) 2005 figures are from April to December only.