A recent legal opinion has raised serious concerns about the Home Office’s use of artificial intelligence (AI) in asylum decision-making, suggesting it may be unlawful. Authored by barristers from Cloisters Chambers and Doughty Street Chambers, and commissioned by the Open Rights Group, the 84-page document highlights potential violations of procedural fairness, data protection, and equality law. It reveals that asylum seekers are not informed when AI tools—specifically the Asylum Case Summarisation (ACS) and Asylum Policy Search (APS)—are employed, which obscures transparency and access to information. The opinion indicates that these tools create summaries that may filter critical evidence, leading to biased decisions. Additionally, inaccuracies in AI outputs pose risks of material errors that could adversely affect applicants. The authors advocate for enhanced transparency regarding AI use in asylum determinations, emphasizing the need for asylum seekers to be informed about AI involvement and given access to generated summaries, backing claims of unlawful practices.
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