Falconer outlines asylum appeal plans

Lord Falconer has set out plans to allow limited judicial oversight of a streamlined asylum process.

The constitutional affairs secretary said the government's latest plans would "provide speed and finality" for the asylum decision making process.

The government published on Wednesday details of amendments to the Asylum and Immigration (Treatment of Claimants, etc) Bill.

Ministers promised the changes earlier this year following opposition to the removal of judicial oversight from asylum decisions.

The changes will allow appeals to the High Court on the grounds that the asylum tribunal erred in law.

If the High Court agrees that the tribunal made an error it will be empowered to send the case back to the tribunal to be reconsidered.

If the tribunal raises "important points of law" then further appeals will be allowed to the Court of Appeal.

Lord Falconer said that with the current appeals system taking up to a year to reach a final decision, it was important to introduce reforms.

"It is not in the interests of the genuine refugee nor the British taxpayer to have multiple layers of appeal," he said.

"At the same time, however, we need to make sure that we have proper and appropriate judicial oversight of the system so that it is independent, thorough and fair.

"We are confident that the measures we are introducing will ensure the creation of a fair and independent system whilst also achieving the objectives of increasing speed and reducing abuse."

A transitional filter mechanism will also see senior members of the tribunal reviewing decisions to see if any errors are made.  If any are found, the case will be listed for reconsideration without the involvement of the High Court.

Ministers will also be empowered to enact regulations for separate legal aid arrangements for the new system. The government said that "only meritorious cases" would be eligible for assistance.

David Blunkett gave his backing to the changes, saying that the asylum system in its current form "provides too much opportunity to lodge multiple appeals solely to frustrate removal from the UK".

"I fully support the right to an appeal to an independent body against the refusal of asylum, but this is not an argument for having four or five," the home secretary added.

The Liberal Democrats said the changes amounted to a U-turn that would "make a bad bill better".

"The government has recognised they were heading for a constitutional crisis by removing the fundamental right of appeal," said home affairs spokesman Mark Oaten.

"However we remain opposed to other illiberal measures in the bill, such as the plans to remove benefits of asylum seekers' children."