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Posted

These are some extracts from the latest figures issued by the Home Office, on appeals, applications on hold, etc. A little bit of “spin” in the first two ?

Win Rate

The overall win rate in 2012/13 was 56% (70% for asylum appeals). Between October and December 2013 MOJ published statistics show that the Home Office won 56% of appeals determined at the First-tier Tribunal (71% of asylum appeals).

Bundling Performance

UKVI aim to get appeal bundles to courts by target timescales which are in advance of the appeal hearing. Ministry of Justice (MoJ) management information indicates that bundle performance in 2013 has remained stable between April and December 2013 in the 65% to 67% range. Although not all bundles reach the Tribunal by the target date management information indicates that the vast majority of bundles are delivered to the Tribunal ahead of the hearing.

Applications on hold

New family Immigration Rules came into force on 9 July 2012, which stated that a minimum income of £18,600 should be met by a non-EEA partner who is applying to come to or remain in the UK to settle with a British citizen, a person with settled status or a person with refugee leave or humanitarian protection. A higher figure applies if non-EEA children are also involved. The threshold is to prevent family migrants becoming a burden on the taxpayer, and to help their integration into British society.

The requirement is subject to judicial review in MM & Others, which was heard by the Court of Appeal in March 2014. Until the legal challenge is finally determined by the courts, applications that could be refused purely on income threshold grounds have been put on hold.

Number of cases on hold at the end of March 2014:

Settlement visa applications made overseas on hold 3,134

Posted (edited)

As you say, Tony, a little bit of spin!

The overall win rate in 2012/13 was 56% (70% for asylum appeals). Between October and December 2013 MOJ published statistics show that the Home Office won 56% of appeals determined at the First-tier Tribunal (71% of asylum appeals).

Does this include cases where the Home Office withdraw before the hearing, where they offer no evidence and where the refusal was overturned on review? I doubt it.

They also don't say how many of the appeals won by the Home Office at the FTT were later overturned by a higher tribunal or court.

Even if we take this figure at face value, it still means that 44% of refusals were incorrect; yet the government have removed the right of appeal!

So this 44% have no recourse to justice.

Imagine the furore if as many as 44% of criminal appeals were successful and they were discontinued because of this.

Although not all bundles reach the Tribunal by the target date management information indicates that the vast majority of bundles are delivered to the Tribunal ahead of the hearing.

How far ahead of the hearing, I wonder?

Weeks? Days? Hours? Minutes?

Edited by 7by7
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