Ministers have stripped out safeguards that prevent asylum seekers’ claims from being wrongly dismissed, as they try to speed up the deportation of Albanian small-boat migrants.
The government quietly announced the change, which removes the need for a “second pair of eyes” on decisions that allow people to be deported to their home countries.
The new power applies to migrants from an outdated list of nations that were previously deemed safe, including Ukraine.
It is mainly being used in respect of Albanian nationals, The Independent understands, as nationals of the other countries on the list – which include Bolivia, South Korea and Serbia – do not currently account for significant numbers of asylum seekers or small-boat migrants.
The change is part of a wider push, codenamed Operation Bridora, to declare as many as possible of the asylum applications received from Albanians “unfounded”, and remove these people from the UK, after a surge in the number arriving on small boats.
The Home Office denies targeting any specific nationality, but sources say the power in question is not being applied equally in respect of claimants from other countries that qualify, while charities have accused the government of discrimination.
It comes as Rishi Sunak is under pressure to achieve his pledge to clear the backlog of pre-June 2022 asylum claims by the end of this year – a target that is under threat from an expected surge in crossings over the summer.
A Home Office source told The Independent: “They are not trying to solve the backlog, they’re trying to refuse as many people as possible.”
In a written parliamentary statement, immigration minister Robert Jenrick said ministers had already removed the right of asylum seekers to appeal against the certification of a claim as “clearly unfounded”, and were now taking away a requirement to have cases looked at by two specially trained officials.
“This government believes it is important to have procedures in place to ensure that those who make clearly unfounded human rights and asylum claims are quickly removed from the UK,” Mr Jenrick said.
“The current requirement for a second check to be conducted by a different Home Office official on every certified decision is delaying the conclusion of claims which are bound to fail. We must maximise our capacity to progress clearly unfounded cases in a more efficient way.”
A Home Office official who works in the asylum department acknowledged that the “second pair of eyes” process slowed down decisions, but warned that its removal could spark new legal challenges.
“The decision [to declare an asylum claim unfounded] is too final,” they added. “It takes away the right to appeal, it implies deportation. If it goes to judicial review, I think it’s going to get battered.”
Mr Jenrick’s statement said that the additional checks were “no longer necessary” because the Home Office “already operates a robust quality assurance framework” and will conduct other forms of review.
The Joint Council for the Welfare of Immigrants said the government’s focus on Albanians was “another example of scapegoating a minority in order to undermine the UK’s entire refugee protection system”.
Ravishaan Rahel Muthiah, the organisation’s spokesperson, added: “This ‘speeding up’ removes an important layer of scrutiny on what is a critical decision-making process – in many cases these are literally life-and-death decisions. Each individual claim deserves to be assessed with the same level of care and effort. To cut corners is nothing short of discriminatory.”
New internal guidance for caseworkers was published on Tuesday, and confirms that it has been updated “to reflect the fact that there is no longer a requirement for decisions to be reviewed by a second pair of eyes”.
A previous version, seen by The Independent, said the process ensured that cases had been “correctly identified”, that “all correct paperwork is present”, and that “all objective evidence” had been considered and was up to date.
Of the 160,000 asylum applications awaiting an initial decision in the UK by the end of last year, 15 per cent (24,747) were from Albanians.
Mr Sunak and Suella Braverman labelled them “illegal migrants” after people from Albania became the largest group by nationality among small-boat migrants last year. Their comments sparked calls from the Albanian ambassador for the “campaign of discrimination” to stop.
Afghans have subsequently become the largest group among asylum seekers crossing the Channel, and the Home Office expects the number of people arriving by small boat to hit a new record this year.
The government said all asylum cases are still considered on their individual merits, and that anyone who wishes to challenge a decision that their claim is unfounded can launch a judicial review.
It said a robust framework of safeguards and quality checks remains in place, and that no one at risk of persecution or serious harm would be put through the process.
A Home Office spokesperson said: “We have always been upfront about the pressures put on our asylum system by the sharp rise in dangerous and illegal journeys to the UK. The asylum system is now costing £3bn a year, and urgent reform is needed.
“This change ensures the Home Office will get through unfounded cases more efficiently, meaning those with no right to be in the UK can be swiftly removed. It is not specifically targeting any nationality.”
