Tulip Siddiq – 2015 Parliamentary Question to the Home Office
The below Parliamentary question was asked by Tulip Siddiq on 2015-12-11.
To ask the Secretary of State for the Home Department, how many appeals were heard in the First-Tier Tribunal (Immigration and Asylum) relating to immigration decisions made by her Department in each of the last five years; for how many of those cases her Department did not appoint a legal representative; and in how many of those cases where no legal representative was appointed the appeal was upheld.
James Brokenshire
The Ministry of Justice publishes data at: https://www.gov.uk/government/collections/tribunals-statistics on the total number of appeals disposed at the First-Tier Tribunal (Immigration and Asylum) which includes all types of immigration appeal. Due to the way that data is recorded on Home Office systems, overseas appeals have been excluded from the data set included in the table attachment. The data also excludes paper cases at which a Home Office representative is not required.
The Home Office is usually represented at appeal hearings by a Home Office Presenting Officer acting as a Crown representative on behalf of the Secretary of State for the Home Department (SSHD) in immigration appeals pursuant to s84 (6) of the Immigration and Asylum Act 1999. Section 84 of the Immigration and Asylum Act 1999 covers who can act as legal representatives in immigration appeals. Subsection 6 specifies that persons acting on behalf of the Crown or relevant Government Department can represent the SSHD at immigration appeals and do not need to be a legally qualified person. However in some cases barristers have also been used.
The proportion of oral appeals not represented increased between January – September 2015 in comparison to the previous 2 years. This was the result of the availability of Presenting resource in the Home Office to match court listing schedules which varied from forecasts used for planning purposes to a significant extent. Resources were put in place to ensure that representation rates increased in the final three months of the calendar year.
