§ Lord Lester of Herne Hillasked Her Majesty's Government:
How many applications for judicial review against the refusal of asylum have succeeded in each of the past three years. [HL1211]
§ Lord Williams of MostynThe available information, regarding estimates of successful applications for leave to move for judicial review in asylum cases, is given in the following table.
I regret that it is not possible separately to identify cases where the substantive hearing succeeded following the grant of leave.
Applications for Judicial Review in asylum cases, excluding dependants, 1996 to 1998 Number of principal appellants Applications for leave to move for judicial review of which granted leave Applications1,2 Decisions1,2 to move1,2 1996 1,225 915 190 1997 1,350 1,250 320 1998 1,890 1,220 300 1 Provisional estimated figures rounded to the nearest 10. 2 Estimates based on Crown Office data.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that the United Kingdom has a positive obligation under Article 6 of the European Convention on Human Rights to secure effective access to judicial review for would be asylum seekers by ensuring state provision for their social welfare when they seek to apply for judicial review against the refusal of asylum.[HL1212]
§ Lord Williams of MostynThe grant of refugee status under the 1951 Convention relating to the status of refugees is not a civil right within the meaning of Article 6 of the European Convention on Human Rights. But I would remind the noble Lord that there exists a right of appeal against substantive refusals of asylum to 203WA an independent Immigration Appellate Authority; under the provisions of Part VI of the Immigration and Asylum Bill asylum seekers would, if destitute, be entitled to welfare support during the currency of such appeals.