Recommendation 31

People who are refused asylum by the Home Office can appeal the decision in the immigration and asylum tribunal, administered by HM Courts & Tribunals Service (HMCTS). The increased number of refusals brought about by more decisions being made is likely to increase the number of appeals. In June 2023, the National Audit Office reported that the Home Office estimated the number of appeals in progress could quadruple to 75,000 between July 2022 and March 2025.112 The Home Office agreed to provide funding for the first six months of 2023–24 to help HMCTS increase its capacity to hold immigration and asylum hearings by almost 50%. However, HMCTS’s modelling suggested it would require additional capacity beyond this if the Home Office successfully met its recruitment and productivity targets.113 In our evidence session, we asked the Home Office about its discussions with the wider criminal justice system regarding the impact of increased numbers of asylum decisions and the potential effect on the courts and tribunals services. The Home Office acknowledged that the appeal system is “under acute pressure” and stated that it holds regular meetings with HMCTS to assess operational efficiency. It said it is exploring ways to “fund extra judicial capacity” and is working with legal representatives to identify ways to save judicial time in handling asylum cases.114 109 Qq 132–134 110 Q 132 111 Committee of Public Accounts, Oral evidence: Tackling homelessness, HC 352, 2 December 2024, Q 46 112 C&AG’s Report, Asylum and protection transformation programme, para 8 113 C&AG’s Report, Asylum and protection transformation programme para 2.14 and Figure 11 114 Q 119 23