Differential treatment of specific nationalities in the procedure

From time to time the Home Office announces that removals of refused asylum seekers to particular countries are suspended. This is rare and there are no such concessions currently in force. The only one in the last ten years was in relation to Zimbabwe,[1] but this is no longer in force.[2] When there is such a concession in force, refused asylum seekers from that country become eligible to apply for a specific form of support, known as “Section 4 support” and which covers accommodation and non-cash support (see section on Reception Conditions).^[3]

The response to a political / humanitarian crisis can also be through immigration routes. Immigration visa concessions have been authorised by Ministers on an annual basis; the latest one relating to Afghans was introduced in January 2022.^[4] The concession applies to those nationals already in the UK with valid visas who may be able to avoid the usual conditions when extending or switching to another category. In addition to visa schemes aimed at Ukrainians seeking to leave Ukraine for the UK, to join a family or sponsor, those living lawfully in the UK those who had a valid visa could apply to extend that for a period of three years under the Ukraine visa extension scheme.^[5]

The Upper Tribunal (IAC) has the power to make findings of fact which constitute binding ‘country guidance’ regarding the risk of return for people seeking asylum. Depending on whether these issues are brought before the tribunal in a particular case, there may from time to time be binding country guidance about the impact of a crisis, for example Syria[6] and Libya[7].

When considering the treatment of particular caseloads at first instance, it is worth noting that the countries with some of the highest success rates at appeal during the first three months of 2023 were:

Source: Home Office. Withdrawn appeals not included.

Although data on disputed nationality are not published, we understand that a proportion of refused applicants from countries with very high refugee recognition rates will include those whose claimed nationality is disputed.^[8]  Revised guidance on this issue was published in 2017.^[9]

^{[1] Court of Appeal, The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669, available at: https://bit.ly/48Ht45X.}

^{[2] The Guardian ‘Home Office criticised for accelerating removals to Zimbabwe’, 12 February 2019, available at: https://bit.ly/48oC0Nb.}

^{[3] Home Office, Asylum support under section 4(2) policy: caseworker guidance, available at: https://bit.ly/49seIHM.} 

^{[4] Home Office, Concessions to the Immigration Rules for Afghan nationals for work and study routes, January 2022, available at: https://bit.ly/3AkoCua.}

^{[5] UK Government, ‘Apply to stay in the UK under the Ukraine Extension Scheme’, last updated 18 May 2023, available at: https://bit.ly/3ExyGT1.}

^{[6] Upper Tribunal, KB (Failed asylum seekers and forced returnees) Syria CG [2012] UKUT 426 (IAC), available at: https://bit.ly/3uHe8Xq.}  

^{[7] Upper Tribunal, ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC), available at: https://bit.ly/49seMY2.}

^{[8] Practice based observation by the expert, January 2024.}

^{[9] Home Office, Nationality; disputed, unknown and other cases, October 2017, available at: http://bit.ly/2F8ky2f.}