Question to the Home Office:

To ask Her Majesty's Government, further to the statement by Baroness Williams of Trafford on 30 June (HL Deb, col 574), how many applications from asylum seekers for refugee status are currently being assessed; how long it takes on average to resolve each application; how many applicants are currently neither told that they will be (1) removed, or (2) allowed to stay; and what consideration they have given (a) to holding an amnesty to regularise the position of those who have been in the UK for more than five years without legal status, and (b) to the potential benefits of enabling such people to live, study, work, contribute, and pay taxes, in the UK.

The Home Office is unable to state how many applications from asylum seekers for refugee status are currently being assessed or how long it takes on average to resolve each application.

The Home Office does however publish data on the number of asylum applications awaiting an initial decision by duration. This data can be found at Asy_04, of the published Immigration Statistics March 2020 which indicate that, as at March 2020, the total number awaiting an initial decision was 51,906.

An extract from the published data can be found below showing the total numbers awaiting an initial decision broken down by more or less than 6 months.

All asylum claimants are notified in writing of the outcome of the decision on their claim. If a claim is refused, a full explanation is provided of the reasons along with the relevant appeal rights, plus the necessary removal notice notifications advising them of their responsibility to leave the UK voluntarily and the consequences of them remaining in the UK illegally. Those applicants who are granted status are advised of their rights and benefits to which they are entitled to in the UK.

There are no plans for the Government to hold an amnesty to regularise the position of those who have been in the UK for more than five years without legal status.

The Immigration Rules already provide for undocumented migrants who are in the UK, who have not broken the law except for remaining here without lawful immigration status, to regularise their status. For those who do not meet the requirements of the Immigration Rules, there is provision for a grant of leave where there are exceptional circumstances or compelling compassionate grounds which would mean refusal would result in unjustifiably harsh consequences for the applicant.

The Government is committed to a fair and humane immigration policy which welcomes and celebrates people here lawfully, but which tackles immigration offending and protects tax-payer funded public services.

In common with other comparable countries, the UK has in place a framework of laws, policies and administrative arrangements ensuring access to work, benefits and services is permitted only for those with the right to access them. It protects the taxpayer and is based on principles of fairness.

It is expected that those who do not have a legal right to be in the UK should leave.