For once some positive news. The Free Movement Newsletter (3/10/22) notes that the European Court of Human Rights has handed down an important decision on age-assessment processes for asylum-seeking children. From now on, British and European age assessment policies must comply with international law requirements – even when these requirements have not been incorporated into domestic law. Also the High Court has reversed a decision to refuse entry clearance of an interpreter under the Afghan Relocation and Assistance Policy on national security grounds.
The Newsletter also reports on leaks from Westminster of the Truss ministry’s intended changes to work-based immigration, including flexibility for English language requirements of skilled workers and amendments to the shortage occupation list, despite disputes within the Government over the necessity for policy shifts. Amendments announced this summer to the Windrush Compensation Scheme will be a welcome change, and further changes needed to increase successful claims. The Government has confirmed that plans to “fast track” removals of Albanian nationals will not apply to those seeking asylum.
There was also an interesting blog from Colin Yeo noting that when he started providing legal support at Oakington Detention Centre in 2000 only 4% of asylum seekers were recognised as refugees, and of those who appealed, only a further 4% went on to win their appeals. Now 76% of asylum seekers are successful and a further 50% go on to win their appeals with a particular increase in grant decisions in the last couple of years. This increase has been particularly notable in recent years. Colin’s detailed analysis of the data suggests that this is, however, not quite as significant as it seems because of a number of factors including that in 1990s and early 2000s many asylum seekers got Exceptional Leave to Remain and also changes in how the data on refusals was collected. He did, however, suggest that the quality of Immigration Judiciary and their decisions and country information has actually improved and that the campaigning done by us may have started to change the “old thin red line” in Home Office culture.