Select Committee on Constitutional Affairs Written Evidence


Annex C

STATISTICS FOR THE PERIOD OCTOBER 2003-SEPTEMBER 2004

  From Oct 2003-Sept 2004 there were 29,947 decisions on applications made for permission to appeal to the IAT. Of these, 9,852 (33%) were allowed to go to a full hearing, 67% were dismissed and less than 1% were withdrawn. [30]

  In the period October 2003-September 2004 there were 10,054 decisions on substantive appeals at the IAT. The difference between this number and the 9,852 given permission for a full hearing is due to the IAT processing a backlog of cases. [31]

  Of the 10,054 decisions, 14% (1,407 cases) were allowed outright, 34% were dismissed outright and 8% were withdrawn. The remaining 44% (4,424 cases) were remitted to the adjudicators for reconsideration.

  As Annex B sets out, based on a sample of remitted cases it was found that in no more than one quarter of the cases does the adjudicator reach a decision that was different to the one reached the first time around. This quarter have succeeded, as they have reversed the original decision.

  Using this proportion of one quarter, of the 4,424 remitted cases only 1,106 cases were ultimately successful.

OVERALL SUCCESS RATE

  If you add the 1,407 cases that were allowed outright to the estimated 1,106 cases that achieved a different decision after remittal you find that in 2,513 of the cases the appellant can be said to have succeeded. Therefore, of the 9,852 cases granted permission to appeal 2,513 were successful—so 25.5% were successful.

  To find the overall success rate for cases in which permission to appeal is sought, we need to combine the two rates. So if 33% of cases go to a full hearing and 25.5% are successful then the overall success rate is 8.25% (25% of 33%). This represents a continued success rate of below one in 10.


30   These statistics are taken from the IAA information database Back

31   Because of the time taken to process appeals we cannot follow the same group of cases through to the end of the process. Instead we have to look at a snapshot of the cases at each stage of the process in a specific period. However, the proportions at each stage of the process are consistent over time, making this a valid approach Back


 
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