'Unqualified' civil servants fighting asylum appeals as Home Office faces boat surge

Civil servants with no previous legal experience are being recruited to fight asylum appeals on behalf of the Home Office, as the department faces a mounting backlog of cases and continued pressure over Channel crossings.

The department is hiring "unqualified" presenting officers from across the Civil Service and the public to argue against migrants challenging asylum refusals and deportation decisions.

As reported by the Telegraph, recruits do not need legal qualifications or previous experience of immigration law, but job adverts say they must be able to develop a “strong working knowledge” of the law and “apply it effectively”.

The recruitment drive comes as almost two-thirds of asylum seekers challenging rejected claims either win their appeals, or secure a reversal of the decision before their case is heard.

Of those, 42 per cent won their appeals, while a further 22 per cent saw the Home Office withdraw its initial refusal and grant refugee status before the hearing.

As of June, 156,000 immigration appeals were outstanding, including more than 90,000 asylum cases - with the backlog having nearly doubled in two years.

Meanwhile, GB News revealed 1,739 people crossed the Channel in small boats between October 1 and 7 - an average of one migrant every six minutes.

The arrivals included 609 people who made the crossing in eight boats within a single day, bringing this year’s total to more than 20,000.

Chris Philp, Shadow Home Secretary, said it was “no wonder” the Home Office was losing appeals when its officers faced experienced immigration lawyers.

“No wonder the Home Office loses so many immigration appeals when they are sending unqualified presenting officers with no legal experience to fight expensive immigration lawyers funded by legal aid at taxpayers’ expense,” he said.

Mr Philp said the Conservatives planned to abolish the Immigration Tribunal and immigration legal aid, and leave the European Convention on Human Rights to enable immediate deportations.

Spending on legal aid for immigration and asylum cases rose by 50 per cent, from £39million in 2021-22 to £59million in 2024-25.

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Ameer Kotecha, a former senior Foreign Office diplomat and chief executive of the Centre for Government Reform, described the recruitment policy as a “parable of broken Britain”.

“Lawyers on one side, unqualified learners on the other, and the taxpayer paying for both,” he said.

He argued officials making legal arguments and cross-examining appellants should have the expertise to match experienced solicitors and barristers.

The Home Office defended its approach, saying the job specification was "standard across government departments".

Recruits underwent comprehensive training and “rigorous” assessments to ensure they met the required standards, the Home Office said.

According to the department, presenting officers represent the Home Secretary at immigration tribunals, but independent judges make the decisions on appeals.

A 2021 report by the chief inspector of borders and immigration called on the department to do more to “professionalise” presenting officers, recommending better training, stronger professional standards and lighter workloads.