Question to the Home Office:

To ask the Secretary of State for the Home Department, what her Department’s policy is on restricting multiple appeals against deportation.

In most deportation cases, there is no right of appeal unless the person concerned makes a human rights or protection claim, in which case there is a right of appeal against a decision to refuse the claim.

As part of efforts to fix the broken asylum system the Government inherited, proposals are being developed to ensure immigration and asylum appeals are heard more quickly, with safeguards to maintain high standards, mechanisms to surge capacity when needed, and processes to accelerate and prioritise cases. These proposals will also include new procedures to tackle repeat applications and last-minute claims that frustrate removal action.

Currently, where a person has already brought an appeal on human rights or protection grounds and then makes further submissions, they are subject to a robust test which if not met means their submissions will be rejected without a right of appeal. There is only an appeal where a person raises something that has not previously been considered which, taken together with any previously considered material, creates a realistic prospect of success.

Where a person has permission to stay in the UK under the EU Settlement Scheme, there is a right of appeal against a decision to make a deportation order against them, in compliance with the Agreement on the Withdrawal of the UK from the EU. That right can only be exercised once, unless another deportation decision is made.