The information was brought to light after a Moroccan woman had her claim rejected
Labour has been accused of relying on “artificial intelligence hallucination” to reject asylum claims.
The case related to a Moroccan woman and her child who fled her country after experiencing underage marriage and extreme violence, including rape.
The woman claimed asylum on the basis of fears she would be killed by her husband.
The Home Office refused her case, citing evidence from a purported independent document, a country policy information note, which confirmed Morocco would be safe for her.
However, the document could never be found, despite its use by a judge in rejecting her appeal.
The woman lodged a further appeal to a more senior court, where a judge raised concerns regarding the document.
In a decision made on July 14, the judge said: “It appears that no such CPIN has ever existed.
“No such document has been located in the public domain, and moreover, the Home Office’s country policy and information team has been unable to confirm its existence.
“It bears hallmarks consistent with the use of artificial intelligence.
"It may therefore transpire that references to country information note Morocco July 2021 in that letter are a result of an AI ‘hallucination’.
“If so that would represent an extremely serious failing on the part of the respondent (the Home Office).”
In further criticism, the judge said using such information to dismiss a case was “analogous to relying on bogus evidence".
He determined that the issue was a “procedural irregularity".
Home Office sources confirmed to The Guardian they were able to provide further evidence to the judge upon his request.
A Home Office spokesman said: “The home secretary is restoring order and control to our asylum system by removing incentives drawing illegal migrants to the UK and ramping up removals of those with no right to be on British soil.
"Claims are always considered on their individual merits and based on the latest evidence to ensure only those in genuine need are granted UK protection.”
It comes as children's charities have urged the government to reconsider its plans to use AI to screen migrants with age estimation technology.
Maddie Harris, of the Human Rights Network, said the introduction of AI was a “cheap process".
She said: "This is not about protecting children – this is about shoring up the decisions that [the authorities] are making.
"As soon as a child is treated as an adult, they are susceptible to – or exposed, rather – to any of the egregious consequences that the Home Office is applying to adults, such as detention and removal."
