Immigration minister Robert Jenrick has announced that the current requirement for a second check to be carried out on each 'clearly unfounded' decision by a specially trained official was now being scrapped. The change is being made to increase efficiency.
Under Home office immigration system, where they refuse an asylum or human rights claim which is so clearly without substance that it is bound to fail, they can certify it as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. Where the claimant is from a designated safe country the claim must be certified as clearly unfounded unless the decision maker is satisfied it is not clearly unfounded. Following the Nationality and Borders Act 2022, cases certified as clearly unfounded do not have a right of appeal.
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. That is why only specially trained caseworkers can decide that a claim should be certified. However, 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.