Transparency data

Statistical note: FNO appeals lodged and allowed on human rights grounds, 2008 to 2021

Published 24 February 2022

Ad–hoc management information release

24 February 2022

Background to Foreign National Offenders (FNOs) appeals data

Tribunals are specialist judicial bodies which decide disputes in particular areas of law. Appeals to tribunals are generally against a decision made by a Government department or agency. HM Courts & Tribunals Service (HMCTS) administers many of them although some are the responsibility of the devolved governments in Scotland, Wales and Northern Ireland.

The First-Tier tribunal hears first instance appeals, primarily (but not exclusively) against certain decisions made by Government departments or other public bodies.

Tribunals are divided into chambers which deal with particular areas of work. There are seven chambers in the First Tier Tribunal, one of which specifically covers Immigration and Asylum.

Immigration and Asylum appeals are against decisions made by the Home Office relating to permission to stay in the UK, deportation from the UK and entry clearance to the UK.

The introduction of the Immigration Act 2014 removed a number of existing appeal rights against Home Office decisions and refused applicants can now only appeal by first asserting a fundamental right to enter or remain in the UK. These rights are Protection, Removal of Refugee Status, Human Rights, or European Free Movement.

The First-tier Tribunal Immigration and Asylum Chamber (FTTIAC) is an independent Tribunal which deals with appeals against decisions made by the Home Office in immigration, asylum and nationality matters.

Further information on appeals is provided by HM Courts and Tribunal Service (HMCTS) and is published on their website.

Further data on FNO Appeals

On 14 December 2021 the Ministry of Justice (MoJ) launched a public consultation regarding the proposed reform of the Human Rights Act 1998 ^{[footnote 1]}. The consultation refers to a range of high-level statistics, including data from the Home Office relating to appeals concerning deportation lodged by Foreign National Offenders (FNOs) that were allowed on Human Rights grounds at First-tier Tribunal.

Following the launch of this consultation, the Office for Statistics Regulation (OSR) contacted the MoJ, asking that the data underlying that included in the consultation be made available separately.

The figures in this ad-hoc release relate to appeals regarding the deportation of FNOs. This includes the number of appeals lodged, those allowed and specifically those allowed on Human Rights grounds at the First-tier Tribunal, pursuant to any Article of the European Convention on Human Rights.^{[footnote 2]}

An individual may receive more than one appeal throughout the deportation process. Not all appeals lodged go on to be determined, for example if the appeal is withdrawn, and in more recent periods some of the appeals lodged may not yet have been determined.

Figures on FNO appeals against Deportation

Home Office management information shows that, from April 2008 to June 2021, 21,521 appeals against deportation were lodged by FNOs, ranging from around 1,300 to 2,220 per year, with a reduction towards the end of the period linked to impact of the Covid-19 pandemic.

Of the appeals that have been determined, 6,042 FNOs had their deportation appeal allowed at the First Tier Tribunal, with around 40% (2,392) of them doing so on Human Rights grounds.

A review of a random sample of FNO allowed appeal determinations has also been conducted to understand more specifically the grounds on which appeals allowed on Human Rights grounds were allowed. This review indicated that a high proportion of successful Human Rights appeals at First-tier Tribunal are on Article 8 grounds only. In the period 1 April 2016 to 8 November 2021, of 1,011 appeals against deportation by FNOs that were allowed on Human Rights grounds at First Tier Tribunal, an estimated 70% were allowed solely on Article 8 grounds.^{[footnote 3]}

Appeal Lodged Financial Year	Number of Appeals Lodged	of which Number of Appeals Allowed	of which Number of Appeals Allowed, Human Rights grounds only
2008/09	1,820	271	35
2009/10	1,744	389	186
2010/11	1,724	522	249
2011/12	1,613	549	323
2012/13	2,192	716	337
2013/14	2,210	622	150
2014/15	1,720	448	98
2015/16	1,280	368	92
2016/17	1,356	442	168
2017/18	2,051	616	285
2018/19	1,836	570	237
2019/20	1,326	399	187
2020/21	568	126	44
April to June 2021	81	4	1
Grand Total	21,521	6,042	2,392

Notes

1. All figures quoted have been derived from management information and are therefore provisional and subject to change.
2. Data refers only to those cases recorded on the Home Office Case Immigration Database (CID).
3. Appeals allowed relates only to those determined at First-tier Tribunal, based on the latest First tier appeal outcome recorded for each appeal lodged.
4. Data is valid as at the 10th November 2021.

User Feedback

Comments on any issues relating to this one-off statistical release are welcomed. Responses should be addressed to [email protected]

© Crown copyright 2022

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].

Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at www.gov.uk/government/publications

---

1. Human Rights Act Reform: a Modern Bill of Rights ↩

2. As enacted by the Human Rights Act 1998 ↩

3. A random sample of 296 First-tier Tribunal FNO allowed appeal determinations were reviewed: 206 were allowed solely on Article 8 grounds; 45 were allowed for another reason plus Article 8; and another 45 were allowed for a non-Article 8 reason. ↩