Poor immigration decision making is "threat to rule of law": LSEW

Concern for the rule of law has been voiced by the Law Society of England & Wales after new figures showed that half of all appeals against Home Office immigration and visa decisions are upheld.

Over the past three years the proportion of successful appeals has been rising steadily, and the Society claims that the adjudication system is already at breaking point, yet is about to face applications by up to 3m EU citizens in the UK who will have to establish permanent residency rights in order to remain in the country following Brexit.

The solicitors’ regulatory body pointed to the fact that many asylum appeals take months or even years in the system and in the meantime those seeking permission to remain in the UK are restricted in their rights to work or claim benefit.

Speaking on the Radio 4 Today programme, Christina Blacklaws, Vice President of the Society, said the system was “on its knees”. The number of upheld appeals pointed to “serious flaws in the way asylum applications are dealt wth”.

There were serious implications for the rule of law if decisions were not reached on a proper basis.

Ms Blacklaws also pointed out that only one in five applicants qualify for legal aid.