The government has indicated that its plans to expedite the tracking of asylum seeker complaints in government-funded hotels may encounter several legal hurdles related to discrimination.
A new 24-week legal deadline for appeal decisions regarding those in these accommodations is being introduced as part of a promise from the labor manifesto aimed at ending costly practices that drain taxpayer resources.
Currently, over 38,000 asylum seekers are accommodated in 222 hotels, with an additional 66,000 residing in various forms of shared housing, like large homes, bedsits, and flats.
The government intends to phase out hotel usage by 2029 through multiple strategies, including a swift appeal process for those whose initial asylum applications have been denied.
However, there exists a legal memorandum regarding border security, asylum, and immigration that enables new deadlines to be contested under the European Convention on Human Rights (ECHR). This applies not only to those in hotels but also to individuals receiving no government support.
Officials are cautious, noting that Article 14 of the ECHR may pose a risk of discrimination, making it potentially challenging for hotel residents to adequately prepare and present their cases due to delays in securing legal representation or expert testimonies.
Moreover, there are concerns that policies might “unfairly delay” the appeals of those still seeking to contest asylum decisions. The memorandum concludes that “both scenarios pose a risk of discrimination under Article 14.”
The legal document expresses government confidence in the compatibility of its legal framework with the ECHR. It argues that the flexible nature of the appeal process renders compliance feasible, suggesting that failing to meet deadlines would be inefficient. Consequently, the government asserts that the provisions align with Article 14 of the ECHR.
The possibility of legal challenges raises questions about the policy’s reliability. Immigration issues seem to have significantly contributed to the recent electoral successes of Nigel Farage’s Reform British Party.
An immigration whitepaper is set to be released next week, which is expected to propose measures requiring work visa applicants to demonstrate English proficiency at the A-level standard. There may also be efforts to restrict asylum seekers’ rights to remain in the UK based on family connections.
Concerns about using hotels for asylum seekers remain prevalent among voters. Many individuals in these accommodations have also faced scrutiny from far-right groups, especially during last summer’s riots.
This week, the National Audit Office reported that the costs for a decade-long contract awarded to three private providers in 2019 could reach approximately £15.3 billion.
About three-quarters of spending on asylum accommodations is on hotels, while only a third of the individuals are actually in them. The estimated cost per person in shared housing is about £14.41, whereas the cost for each individual in hotel accommodations is around £145.
The government announced plans to increase funding for the maintenance and construction of courts, boosting it from £102 million last year to £148.5 million this year. This is argued to enhance the capacity of immigration and asylum courts, likely accelerating asylum claims.
A government spokesperson commented: “We’ve inherited an asylum system under tremendous pressure and have taken immediate action to restore order. We’ve improved our asylum decision-making rate by 52%, returning over 24,000 people not entitled to be here—the highest return rate in eight years.
“We have legislated to quicken the appeals process for individuals in asylum accommodations, aiming to facilitate their exit from hotels and lessen the burden on taxpayers.
“To aid this initiative, we are allocating new resources to both immigration and asylum courts to ensure they operate at near-capacity.”
