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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

Home Office loses three-quarters of appeals against immigration rulings

03 October 2018 Personal Immigration McGill & Co Solicitors

The Home Office has lost nearly 75% of final immigration court appeals allowing asylum seekers and other migrants to stay in the UK, according to recent figures.

In the year from April 2017 to March 2018, 11,974 cases were determined in court, with 4,332 of the decisions by the Home Office reversed in the court.

Out of the decisions granting leave to remain, 1,235 were referred by the Home Office for further appeal to the Upper Tribunal; meanwhile, around 73% or 900 were discarded by an independent Judge revealed after a freedom of information request.

The low success rate raises concerns that the Home Office is putting people through lengthy, expensive and elaborate court proceedings when the Home Office has little chance of winning.

People can wait for a year for the hearing of an initial appeal. If the Home Office appeals against the ruling if the Judge rules that they can remain in the UK, a second hearing can take another year or more.

These statistics will be associated with the “hostile environment” policy designed to make staying in the UK as difficult as possible for people without leave to remain, in the hope that they may voluntarily leave.

The Home Office operates a reward scheme for employees and ‘win rates’ in appeal hearings have previously formed part of these rewards.

Immigration Rules More Than Double in Length

The Home Office appeals statistics come shortly after it was revealed that immigration rules in the UK have more than doubled in length.

Since 2010, Home Office officials have made more than 5,700 changes to the immigration rules - with more than 1,300 of these changes made in 2012 alone - coinciding with the introduction of the hostile environment policy.

One document published in March 2014 with 22 changes was revised three days later, with the second version containing another 250 changes. Incredibly, the immigration rules span almost 600,000 words.

The analysis of the new immigration rules shows that the Home Office introduced changes exceptionally quickly, publishing new sets of changes a week apart or less on seven different occasions.

Currently, The Law Commission is simplifying the rules and will make recommendations to ensure the rules are more transparent for Home Office caseworkers and judiciary.

Many of the changes to the immigration rules have focused on employment status and earnings in applications for work visas.

Contact McGill & Co Personal Immigration Solicitors Today

Here at McGill & Co, we understand how important immigration issues are for our clients, and so our specialist team always strive to provide a comprehensive, efficient and superior service. With offices in Glasgow and Edinburgh, our expert immigration lawyers cover all areas of Scotland and throughout the UK, as well as undertaking applications for entry clearance to the UK made from abroad.

Call us on 0131 357 3860 for our Edinburgh office or 0141 280 6832 for our Glasgow office. You can also fill out our online contact form and we will get back to you as soon as possible.

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McGill & Co are rated by the Legal 500 as a Tier 1 immigration law firm in Scotland...

"A market leader for specialist immigration and human rights law in Scotland’, McGill & Co’s ‘excellent and prompt’ team assists private clients with all aspects of immigration and nationality law, including business, investor and entrepreneur migration, sponsorship licensing, family migration, and asylum and refugee work."

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