Labour let 40,000 migrants stay ‘to clear backlog target’

Undre fire: The Home Secretary has been criticisied by Chris Grayling

The Home Office was today accused of "bending the rules" on asylum so it can meet a promise to clear a backlog of 450,000 cases by 2011.

A leaked document revealed that migrants from countries with poor human rights records can be granted leave to remain in the UK after being here for a minimum of six years, down from the previous 10 to 12 years.

This has meant 40,000 cases are now exempt from the risk of deportation, though the Home Office insists the number of people benefiting from the "change in guidance" is far smaller.

However Chris Grayling, the shadow home secretary, said: "If we bend the rules to give people the right to stay, it gives the wrong messages around the world about our immigration system.

"This looks like double standards from ministers, talking tough in public while changing the system behind the scenes for political convenience."

The scale of the backlog resulted in then Home Secretary John Reid making a promise in 2006 to clear it "within five years".

The leaked memo obtained by the Telegraph show the 40,000 exempted cases relate to countries such as Zimbabwe, Somalia, Iran, Algeria and China. But because the cases date from before 2003, many migrants will already have left the UK or have gained residency rights in the UK as a result of EU enlargement. The Government says that of 600 cases examined under the new rules, only five people have gained the right to remain.

Immigration Minister Phil Woolas insisted there was "no amnesty" for illegal immigrants. He said: "Our guidelines were updated to provide case workers with a simple framework and to avoid drawn-out court battles."

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