James Cleverly is facing sharp criticism for allegedly exacerbating the backlog of asylum cases earlier this year by “dithering” over crucial decisions.
Insiders from the Home Office and the UK’s largest civil service union have revealed that under his leadership as Home Secretary, ministers were reluctant to empower caseworkers to address pending cases tied to the Illegal Migration Act.
An email leak from May 2024 suggests that senior officials managing asylum caseworkers were stalling, waiting for “key decisions to be made in the coming weeks” and reallocating staff to other tasks.
The ripple effects of this indecision became evident as the number of asylum decisions took a nosedive in the weeks leading up to the July general election. Newly released data shows that from March to June this year, the Home Office processed decisions on 15,965 applications, a steep decline from the 24,348 decisions made in the first quarter.
In June alone, only 1,150 asylum interviews were conducted, a stark contrast to the more than 8,000 interviews that took place the previous October.
Delays During Spring Fueled Asylum Case Backlog
Fran Heathcote, the general secretary of the Public and Commercial Services Union (PCS), which represents asylum caseworkers, defended the efforts of her members amid the slowdown.
“We’re aware of the reduction in asylum decisions between March and June, but this in no way reflects a lack of effort or performance from our members,” she said.
Heathcote added that many caseworkers were reassigned to other tasks while the Illegal Migration Act, introduced on 7 March 2023, effectively barred decisions on asylum claims made after that date. She pointed out that the previous government’s hesitation in making necessary decisions to move forward also contributed to the delay.
However, she noted that with new arrangements announced in the King’s Speech, there has been a recent uptick in the processing of claims.
The Illegal Migration Act was designed to prevent processing most asylum claims made by individuals arriving irregularly after 7 March. The act was supposed to work hand-in-hand with the government’s controversial plan for mass deportations to Rwanda.
However, legal challenges have stalled the Rwanda plan, leaving many asylum seekers in a state of limbo. Critics argue that this situation has resulted in a growing “perma-backlog” of people who are stuck waiting for decisions on their status.
Despite the hurdles posed by the new legislation, asylum caseworkers had made significant progress in clearing the so-called “legacy backlog” of cases from before 28 June 2022, when the Nationality and Borders Act came into effect.
But, according to Home Office insiders, the department missed an opportunity to process many asylum claims made between 7 March and 19 July 2023. They could have utilized powers under section 30(4) of the Illegal Migration Act to grant temporary leave to remain for those who received positive decisions, but ministers did not authorize this.
As of the end of June, 118,882 people were awaiting an initial decision on their asylum applications in the UK, a slight increase from 118,329 in March. Critics have identified the backlog as a major flaw in the UK’s struggling asylum system.
The cost of housing claimants awaiting decisions, which stands at £8 million per day, has drawn criticism from the public and has been a focal point for far-right protests and even arson attacks during the summer.
Though about three-quarters of all asylum claimants are eventually recognized as refugees, they remain in a state of uncertainty, unable to work and reliant on benefits while awaiting decisions.
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