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Illegal Immigrants: Asylum

Home Department written question – answered on 9th February 2011.

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Photo of Priti Patel Priti Patel Conservative, Witham

To ask the Secretary of State for the Home Department how many (a) illegal immigrants and (b) asylum seekers whose application for asylum was refused have been allowed to remain in the UK by (i) ministerial or other administrative decision, (ii) as a consequence of an appeal to a tribunal and (iii) as a result of an appeal through the courts made predominantly, entirely or partly on human rights grounds.

Photo of Damian Green Damian Green The Minister for Immigration

We have interpreted illegal immigrants to mean individuals who have been served papers as immigration offenders, and refused asylum seekers to mean failed asylum seekers. Refused individuals who have been granted leave to remain by the Government, has been interpreted as individuals granted humanitarian protection or discretionary leave.

The information requested is shown in the following table.

2008 2009 2010
Immigration offenders served papers(1, 3) 37,296 34,738 20,934
Granted HP/DL(1, 3, 4) 2,156 1,754 705
Appeal allowed(1, 3, 5) 268 226 106
HR appeal allowed(1, 3, 6) 164 166 93
Failed asylum seekers(2 ,3) 15,737 15,941 11,116
Granted HP/DL(2, 3, 4) 2,307 2,151 1,032
Appeal allowed(2, 3, 5) 2,825 3,616 1,719
HR appeal allowed(2, 3, 6) 2,410 3,116 1,547
(1) Data are for individuals served papers as immigration offenders, in 2008, 2009, and 2010.

(2) Data are for individuals refused asylum based on initial decision, in 2008, 2009, and 2010.

(3) Data relate to main applicants only.

(4) Data relate to individuals refused, but allowed permission to remain in the UK by the Government on the grounds of humanitarian protection (HP) and discretionary leave (DL) at initial decision. HP and DL replaced exceptional leave to remain from 1 April 2003.

(5) Data relate to individuals who were granted leave following a successful appeal.

(6) Data relate to individuals who were granted leave following a successful appeal on human rights grounds. This is a subset of appeal allowed data.


All figures quoted are internal management information only and are subject to change. This information has not been quality assured under National Statistics protocols.

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