Migrants who make last-minute asylum claims to face extra scrutiny amid crackdown on deportation delayers

Migrants who make last-minute asylum claims in an attempt to delay their deportation are set to face enhanced scrutiny when they have their cases heard.

The proposed change would count protection claims filed without a valid explanation for their timing against the candidate's credibility.

Currently, migrants cannot be lawfully deported while a protection claim is lodged, even if it is filed at the eleventh hour.

This means deportation orders often face significant delays as authorities process initial decisions and subsequent appeals.

In some cases, this process has led to people held in immigration detention being released back into their communities while officials examine new applications.

This has created a significant backlog in the UK’s deportation-case handling.

Asylum and protection appeal cases currently take an average of 72 weeks to reach a hearing.

Roughly 156,000 cases are sitting in the queue awaiting a first-tier tribunal, according to government documents published on Thursday.

Under the new system, any migrant facing deportation will receive a formal claim notice requiring them to present all grounds for staying in the country before a specified deadline.

Crucially, this will include protection claims and supporting evidence.

Judges and other decision-makers will have to consider when a claim was submitted, including the timing of related evidence such as trafficking allegations.

The Government will implement the changes by amending the Immigration and Asylum Bill.

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“People should not be able to frustrate a lawful removal by waiting until the steps of the plane to make an asylum claim without good reason,” Minister for Border Security and Asylum Anna Turley said.

“By closing this route to abuse, we will prevent unnecessary delays, speed up removals and restore order and control to our immigration system,” she added, per The Times.

Any application to remain that is submitted after this cutoff, or following notification of removal, will be classified as a late claim.

The timing of such filings will weigh against the applicant when their case is assessed.

These provisions build on existing measures within the bill designed to expedite the processing of belated asylum applications from individuals subject to enforcement action.

The amendment also aims to ensure that more claims are heard before a migrant can be released, rather than allowing last-minute submissions to trigger lengthy proceedings that effectively halt the removal process.