'Withdrawing asylum claims doesn't make the person disappear': What's happened to the people removed from the Home Office waiting list

The number of withdrawn asylum applications quadrupled from 6,000 in 2022 to 25,600 in 2023 – the highest figure on record.

Applications can be withdrawn voluntarily, but in most cases - in 19,900 or 78% of last year's figures - the decision is taken by the Home Office when it has decided the person is not complying with the asylum process.

Refugee charities told Sky News they have seen an increase in people facing homelessness and destitution after having their claims withdrawn.

Rule changes in August 2023 made it easier for officials to withdraw asylum claims and are a major reason behind the increase, said Dr Peter Walsh, a senior researcher at the Migration Observatory, a research institute at the University of Oxford.

One of the new criteria for withdrawal is a "failure to maintain contact with the Home Office or provide up-to-date contact details" - which has been particularly controversial because of its broad scope.

Dr Walsh said: "That doesn't specify over what time period: how long has it been before the Home Office will class that application as withdrawn?

"It does raise the question of whether some of these applications may have been withdrawn prematurely."

In response, the Home Office said that although "there is no specific time period", claims would be withdrawn "once we have exhausted all possible avenues".

'Deeply concerned'

When an asylum seeker's claim is withdrawn, they are no longer eligible for financial support or accommodation - unlike if their claim is refused, in which case they might still be eligible for support.

The British Red Cross supports around 30,000 people in the asylum system each year.

Over the past year, the charity said it had been supporting increasing numbers of people across the UK who have been significantly impacted by their asylum claims being withdrawn.

Alex Fraser, director of refugee services at the British Red Cross, said: "We're deeply concerned about the number of claims withdrawn from the asylum system.

"People who have had their claims withdrawn might be unable to access any support, which puts them at risk of destitution. We also know they're at far greater risk of exploitation.

"We're supporting people who are confused and frightened about what their future now holds. Some are already facing life on the streets."

He added: "We need better quality data from the government on why claims are being withdrawn and what happens to the people affected, so that we can provide support for those who need it. It is essential that everyone seeking safety has their asylum claim fairly assessed."

While there was also an increase in grants and refusals, the increase in withdrawn applications now puts these at a similar level to the number of refused cases.

A majority of applications are found to be valid and result in the granting of asylum.

Woodren Brade, policy officer at the Refugee Council, agrees that receiving a "proper" decision - such as granting or refusing an application - is important.

She said: "We know that claims often get withdrawn simply because applicants do not receive letters inviting them to interviews or asking them to complete a questionnaire.

"These letters might go to the wrong address or get sent to old solicitors who are no longer in contact with the client.

"It's crucial that each asylum claim is considered on its merit and receives a proper decision. Claims should never be withdrawn as a result of the Home Office's problems with record-keeping."

What happens once an application is withdrawn?

The Home Office could already withdraw claims, before the new rules came into force, if the applicant had left the UK without permission, failed to complete an asylum questionnaire, or failed to attend an interview.

The previous record high was 5,944 in 2022.

The first indication of what might have happened to those affected by the rising number of withdrawn cases came in evidence provided to the Home Affairs Committee of MPs last month.

A letter from the immigration minister, accounting for the whereabouts of the 17,000 "missing" asylum seekers whose cases were withdrawn in the year to September 2023, explained that around one in five had left the country.

One third remained missing or not in contact with the Home Office, and 15% had later been granted lawful immigration status.

The majority, of more than a third, had "re-engaged" with the Home Office, the letter said.

The government department has not provided a similar breakdown on what has become of the 25,600 withdrawn applications in the year to December.

Dr Walsh said: "There's a lack of clarity, but the 15% [who went on to have asylum granted following the initial withdrawal of their claim] in and of itself was fairly strong evidence that, well, perhaps those applications were withdrawn prematurely."

The Home Office have an email address for dealing with requests to reinstate asylum cases where the person believes their application was unfairly withdrawn - for example, if they missed a reporting event but did inform officials appropriately.

However, getting a response through this channel is a difficult process, according to immigration solicitor Sonia Lenegan.

She said: "In practice, I'm not sure how well that email address has been working because I know a lot of lawyers have had to resort to sending a pre-action letter threatening judicial review, because they haven't had any luck with that email address.

"So the Home Office is making it difficult for people to get their cases reinstated once they've been withdrawn."

Ms Lenegan added: "The problem with withdrawing all of these cases is that it doesn't make the actual person disappear. They are still here."

In 2023, around 26,000 asylum seekers left the UK. Of these, two in five forced removals and one in five voluntary removals were to Albania, where the UK government has a returns agreement.

This represents an increase in the last few years and is mostly driven by a rise in voluntary returns.

If a case is eventually reinstated, it is no longer counted as part of the asylum decision backlog, according to the immigration minister's letter from January.

The prime minister pledged to clear the so-called "legacy backlog" - applications lodged before June 2022 - by the end of 2023.

As of 31 December, 3,902 legacy cases remained on the backlog.

The overall asylum backlog has decreased to 95,252 at the end of 2023, from 132,182 at the end of 2022.

Around 130,000 were still on the backlog in September, so most of this decrease happened in the last three months of the year.

A 'fudge' to meet targets?

It is unclear from the data how many people have been removed from the "legacy" backlog simply through the process of having their asylum withdrawn, only to later be reinstated into the asylum system.

Dr Walsh said: "Once it's been withdrawn, it's no longer counted within the initial decision backlog, even though a decision, either a grant or refusal - has not been made.

"This raises the question of whether that is a fudge to try to meet their target."

The Home Office declined to comment three times on whether this is a fair interpretation of the policy described in the minister's letter.

In other cases, applicants have been encouraged to make a fresh asylum claim, rather than trying to get their case reinstated, according to Ms Lenegan.

She said: "The Home Office has been directing a lot of people to make a fresh claim, with a new start date.

"That can be important if, for example, they originally claimed before the Nationality and Borders Act came into force or before the Illegal Migration Act.

"That can have a negative impact on people and on their ability to actually succeed in their claim."

A Home Office spokesperson said: "Withdrawing claims is not new; at each stage of the asylum process, individuals are warned about the importance of complying with the asylum process and that asylum claims can be withdrawn should they fail to do so.

"By promptly withdrawing asylum claims from non-compliant individuals, it ensures that resources are concentrated on those who genuinely wish to continue their asylum claims in the UK."

The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.