Home Office asylum decisions are being overturned by more than half of applicants, as Sky News reveals a convicted sex offender was awarded refugee status after a judge ruled he would be at risk of “mob violence” in Afghanistan.
The man, who was convicted of “outraging public decency and exposure” in 2017, was placed on the Sex Offenders’ Register but was given permission to remain in the country.
The evidence of several doctors at his asylum appeal hearings stated that he “continues to act inappropriately towards females”.
In June 2020, an immigration tribunal judge agreed with lawyers that his “risky behaviours” would expose him to “ill-treatment” in Afghanistan and awarded him refugee status.
Immigration tribunal courts, where judges can overturn the Home Office, have ruled in favour of asylumseekers 51% of the time since 2021.
Image: Sky News reveals that in June 2020 a convicted sex offender was awarded refugee status
And the majority of those who are unsuccessful do not return home, staying in Britain illegally.
On average, more than £34m of legal aid per year has been spent on asylum cases since 2017, according to figures from the Ministry of Justice.
Home Office minister Laura Farris told Sky News the government wanted to “end this merry-go-round” of illegal arrivals to the UK, and said it was “absolutely right that the public expects that foreign national offenders will be deported when their sentence is concluded”.
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Meanwhile, Labour’s shadow home secretary, Yvette Cooper, blasted the “chaos in the asylum system” and “complete lack of enforcement” when someone has committed a serious offence.
She told Sky News it was right the UK gives “sanctuary to those who have fled persecution and conflict”, but added that “standards need to be maintained” so those without the right to stay are removed.
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1:52
Asylum seeker Sakhile: Five asylum claims rejected
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Sakhile, 47, claimed asylum in Britain 18 years ago after arriving from Zimbabwe, where she says her political views put her at risk of persecution. Over the years, she has filed four further claims which have all been unsuccessful.
At no point has she ever been threatened with removal. “They just send letters and ask you if you want to go voluntarily,” she says.
Analysis of Home Office data by the Migration Observatory shows almost two-thirds, or 55,273 people, who were refused asylum were not recorded as having left the UK in the decade from 2011.
That figure – which represents 61% of all failed asylum seekers – could be even higher as it does not include partners or children.
Religious conversion is just one reason an appeal can succeed.
Sky News has examined court papers that identify “Westernisation” as an argument made by people whose length of stay in the UK while awaiting a decision means they would face persecution in their home countries.
Image: “Westernisation” is another reason aslyum appeals can be successful
One Iraqi Kurdish family said their daughter was used to living “as a Western woman”.
The judge said: “If this family were transplanted from Liverpool to Baghdad, and carried on living in the way they live here, they would quickly encounter problems.”
In an interview with Sky News earlier this month, science minister Andrew Griffith MP said: “We can’t run an asylum system based on credulous clerics and lefty lawyers.”
But allegations of activism within the courts are dismissed by those who regularly appear against the government.
“The asylum system is broken,” says Ahmed Aydeed, director of public law at Duncan Lewis, who regularly represents asylum seekers. “Lawyers only work within the system created… I think the public would be greatly angered by the way this whole system works.”
Image: Ahmed Aydeed, director of public law at Duncan Lewis
A Home Office spokesperson told Sky News: “We stand firm on our longstanding policy that those without a right to stay in the UK will be removed.
“Our Illegal Migration Act makes this possible, as people who enter the UK illegally will have their asylum claims and human rights claims declared inadmissible, and they will not be able to make a life here.
“Each asylum application is individually assessed, including decisions on removal of individuals.
“Where people have previously been refused asylum in the UK, a fresh asylum claim can be made through legal representation.”
You can watch Becky Johnson’s full report, Faultlines: Asylum Crisis, on Sky News today at 10:30, 12:30, 14;30, 18:30 and 20:00.
Thousands of savers face potential losses after a $2.7 million shortfall was discovered at Ziglu, a British crypto fintech that entered special administration.
Another hint that tax rises are coming in this autumn’s budget has been given by a senior minister.
Speaking to Sunday Morning with Trevor Phillips, Transport Secretary Heidi Alexander was asked if Sir Keir Starmer and the rest of the cabinet had discussed hiking taxes in the wake of the government’s failed welfare reforms, which were shot down by their own MPs.
Trevor Phillips asked specifically if tax rises were discussed among the cabinet last week – including on an away day on Friday.
Tax increases were not discussed “directly”, Ms Alexander said, but ministers were “cognisant” of the challenges facing them.
Asked what this means, Ms Alexander added: “I think your viewers would be surprised if we didn’t recognise that at the budget, the chancellor will need to look at the OBR forecast that is given to her and will make decisions in line with the fiscal rules that she has set out.
“We made a commitment in our manifesto not to be putting up taxes on people on modest incomes, working people. We have stuck to that.”
Ms Alexander said she wouldn’t comment directly on taxes and the budget at this point, adding: “So, the chancellor will set her budget. I’m not going to sit in a TV studio today and speculate on what the contents of that budget might be.
“When it comes to taxation, fairness is going to be our guiding principle.”
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Afterwards, shadow home secretary Chris Philp told Phillips: “That sounds to me like a barely disguised reference to tax rises coming in the autumn.”
He then went on to repeat the Conservative attack lines that Labour are “crashing the economy”.
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10:43
Chris Philp also criticsed the government’s migration deal with France
Mr Philp then attacked the prime minister as “weak” for being unable to get his welfare reforms through the Commons.
Discussions about potential tax rises have come to the fore after the government had to gut its welfare reforms.
Sir Keir had wanted to change Personal Independence Payments (PIP), but a large Labour rebellion forced him to axe the changes.
With the savings from these proposed changes – around £5bn – already worked into the government’s sums, they will now need to find the money somewhere else.
The general belief is that this will take the form of tax rises, rather than spending cuts, with more money needed for military spending commitments, as well as other areas of priority for the government, such as the NHS.
It is “shameful” that black boys growing up in London are “far more likely” to die than white boys, Metropolitan Police chief Sir Mark Rowley has told Sky News.
In a wide-ranging interview with Sunday Morning with Trevor Phillips, the commissioner saidthat relations with minority communities are “difficult for us”, while also speaking about the state of the justice system and the size of the police force.
Sir Mark, who came out of retirement to become head of the UK’s largest police force in 2022, said: “We can’t pretend otherwise that we’ve got a history between policing and black communities where policing has got a lot wrong.
“And we get a lot more right today, but we do still make mistakes. That’s not in doubt. I’m being as relentless in that as it can be.”
He said the “vast majority” of the force are “good people”.
However, he added: “But that legacy, combined with the tragedy that some of this crime falls most heavily in black communities, that creates a real problem because the legacy creates concern.”
Sir Mark, who also leads the UK’s counter-terrorism policing, said black boys growing up in London “are far more likely to be dead by the time they’re 18” than white boys.
“That’s, I think, shameful for the city,” he admitted.
“The challenge for us is, as we reach in to tackle those issues, that confrontation that comes from that reaching in, whether it’s stop and search on the streets or the sort of operations you seek.
“The danger is that’s landing in an environment with less trust.
“And that makes it even harder. But the people who win out of that [are] all of the criminals.”
Image: Met Police Commissioner Sir Mark Rowley
The commissioner added: “I’m so determined to find a way to get past this because if policing in black communities can find a way to confront these issues, together we can give black boys growing up in London equal life chances to white boys, which is not what we’re seeing at the moment.
“And it’s not simply about policing, is it?”
Sir Mark said: “I think black boys are several times more likely to be excluded from school, for example, than white boys.
“And there are multiple issues layered on top of each other that feed into disproportionality.”
‘We’re stretched, but there’s hope and determination’
Sir Mark said the Met is a “stretched service” but people who call 999 can expect an officer to attend.
“If you are in the middle of the crisis and something awful is happening and you dial 999, officers will get there really quickly,” Sir Mark said.
“I don’t pretend we’re not a stretched service.
“We are smaller than I think we ought to be, but I don’t want to give a sort of message of a lack of hope or a lack of determination.”
“I’ve seen the mayor and the home secretary fighting hard for police resourcing,” he added.
“It’s not what I’d want it to be, but it’s better than it might be without their efforts.”
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0:39
How police tracked and chased suspected phone thief
‘Close to broken’ justice system ‘frustrating’ and ‘stressed’
Sir Mark said the criminal justice system was “close to broken” and can be “frustrating” for others.
“The thing that is frustrating is that the system – and no system can be perfect – but when the system hasn’t managed to turn that person’s life around and get them on the straight and narrow, and it just becomes a revolving door,” he said.
“When that happens, of course that’s frustrating for officers.
“So the more successful prisons and probation can be in terms of getting people onto a law-abiding life from the path they’re on, the better.
“But that is a real challenge. I mean, we’re talking just after Sir Brian Leveson put his report out about the close-to-broken criminal justice system.
“And it’s absolutely vital that those repairs and reforms that he’s talking about happen really quickly, because the system is now so stressed.”
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She pinned the primary blame for the Met’s culture on its past leadership and found stop and search and the use of force against black people was excessive.
At the time, Sir Mark, who had been commissioner for six months when the report was published, said he would not use the labels of institutionally racist, institutionally misogynistic and institutionally homophobic, which Baroness Casey insisted the Met deserved.
However, London Mayor Sadiq Khan, who helped hire Sir Mark – and could fire him – made it clear the commissioner agreed with Baroness Casey’s verdict.
A few months after the report, Sir Mark launched a two-year £366m plan to overhaul the Met, including increased emphasis on neighbourhood policing to rebuild public trust and plans to recruit 500 more community support officers and an extra 565 people to work with teams investigating domestic violence, sexual offences and child sexual abuse and exploitation.
Watch the full interview on Sunday Morning with Trevor Phillips from 8.30am on Sunday.