Court of Appeal finds Fast Track Rules for asylum appeals are systemically unfair and unjust and thus ultra vires

30.07.15 | |

The Court of Appeal (Lord Dyson MR, Briggs LJ and Bean LJ) has dismissed the Lord Chancellor's appeal against the decision of Nicol J that the Fast Track Rules are ultra vires because they are structurally unfair. Lord Dyson MR summarised his view of the Fast Track Rules as follows:

 

"...in my view the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases.  For the reasons that I have given, the safeguards on which the SSHD and the Lord Chancellor rely do not provide a sufficient answer. The system is therefore structurally unfair and unjust.  The scheme does not adequately take account of the complexity and difficulty of many asylum appeals, the gravity of the issues that are raised by them and the measure of the task that faces legal representatives in taking instructions from their clients who are in detention....".

  

As a result he concluded that the Fast Track Rules were systemically unfair and unjust and upheld Nicol J's conclusion that they were ultra vires the enabling power in section 22 of the Tribunal Courts and Enforcement Act 2007.

 

The Respondent to the appeal Detention Action was represented by Charlotte Kilroy, instructed by Migrants Law Project.

 

To view the full judgement please see here.  

 

Press coverage can be seen in the Guardian, here and  BBC here.

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