HC Deb 19 January 2004 vol 416 cc1053-4W
Mr. Bacon

To ask the Parliamentary Secretary, Department for Constitutional Affairs if he will make a statement about the Government's proposals for the judicial review of the decisions of immigration appeal tribunals. [148336]

Mr. Lammy

The Government has introduced measures in the Asylum and Immigration (Treatment of Claimants Etc) Bill to establish a new single Asylum and Immigration Tribunal. This will merge the two current tiers of appeal in asylum and immigration cases. The judicial determinations and decisions made by the new Tribunal will be final and can only be challenged in the higher courts on the grounds that a Tribunal Member has acted in bad faith.

Mrs. Curtis-Thomas

To ask the Parliamentary Secretary, Department for Constitutional Affairs whether a case remitted by the Immigration Appeals Tribunal may be returned to the original adjudicator. [147852]

Mr. Lammy

Pursuant to Rule 22 of the Immigration and Asylum Appeals (Procedure) Rules 2003, the Immigration Appeal Tribunal may direct a remitted appeal to be returned to the original adjudicator to determine in accordance with any directions given by the tribunal.

Mrs. Curtis-Thomas

To ask the Parliamentary Secretary, Department for Constitutional Affairs what proportion of appeals remitted back from the Immigration Appeals Tribunal to the adjudicators in 2002–03 were subsequently upheld by adjudicators. [147853]

Mr. Lammy

Statistical assessment of cases remitted by the tribunal to the adjudicators indicates that in approximately 25 per cent. of remitted asylum cases this leads to the initial adjudicator decision being changed. Between 1 October 2002 to 30 September 2003 (the last full year for which information is available) this equates to 1.6 per cent. of all adjudicator asylum decisions having a different outcome following remittal and rehearing.

Mrs. Curtis-Thomas

To ask the Parliamentary Secretary, Department for Constitutional Affairs what the possible outcomes of the remittal process are, with respect to the Immigration Appeals Tribunal. [147854]

Mr. Lammy

Once an appeal has been remitted from the Immigration Appeal Tribunal to the adjudicator tier of the Immigration Appellate Authority the appeal is most commonly heard by a different adjudicator, or more rarely, by the original adjudicator. The possible outcomes from the remittal process are for the appeal to be allowed, to be dismissed or withdrawn by the appellant. Following a fresh adjudicator determination, parties again have rights to seek permission to appeal to the Immigration Appeal Tribunal.

Mrs. Curtis-Thomas

To ask the Parliamentary Secretary, Department for Constitutional Affairs in what circumstances appeals are remitted back from the Immigration Appeals Tribunal to the adjudicators; what guidance is given to the tribunal on remittals; and what training tribunal members have had on remittals. [147865]

Mr. Lammy

Appeals are remitted from the Immigration Appeal Tribunal when a defect in the original adjudicator determination is revealed which the Tribunal cannot correct itself. The President of the Immigration Appeal Tribunal has not issued a formal Practice Direction relating to the remittal of appeals, but Tribunal members will take the decision to remit a case where there is no practicable alternative. Decisions are taken in the light of the overriding objective in rule 4 of the Immigration and Asylum Appeals (Procedure) Rules 2003: "to secure the just, timely and effective disposal of appeals and applications in the interests of the parties to the proceedings and in the wider public interest". Training for Tribunal judiciary includes reference to the application of procedural rules and guidance.

Mrs. Curtis-Thomas

To ask the Parliamentary Secretary, Department for Constitutional Affairs what proportion of appeals which are(a) successful, (b) dismissed, (c) withdrawn and (d) remitted back to the Immigration Appeals Tribunal are (i) appeals by asylum claimants and (ii) appeals by immigration authorities. [148017]

Mr. Lammy

At the adjudicator asylum appeal, the two parties are the asylum seeker and the Home Secretary (as the initial decision-maker). Either party can apply for permission to appeal to the Tribunal and, if permission is granted, the appeal will be substantively determined. As either party can appeal, "allowed" and "dismissed" at the Tribunal do not equate to the grant or refusal of asylum.

In 2002, the Immigration Appeals Tribunal substantively determined 5,565 asylum appeals. The information requested is contained in the table below and is taken from the published Home Office asylum statistics. These figures are provisional and rounded to the nearest five. Certain elements of information relating to remitted appeals are not available and this is indicated where appropriate:

Appeals
Tribunal outcome Allowed Dismissed Withdrawn Remitted
Total 620 2,015 225 2,700
Proportion by asylum claimant 410 1,880 210 1—
Proportion by Home Office 215 130 15 1—
1Not available.