Fast-track asylum system ‘unlawful’

12.06.15 | |

The Government's fast-track appeal system for processing asylum applications has been declared unlawful by the High Court.

 

Mr Justice Nicol said the process under which asylum seekers appealing against decisions to refuse their asylum claims by the Home Office are given only seven days between the receiving the decision which they wish to appeal and the substantive hearing of that appeal was “structurally unfair” and as a result held it was ultra vires the enabling power in section 22 of the Tribunals Courts and Enforcement Act 2007.

 

Mr Justice Nicol said in his ruling: "What seems to me to make the fast track rules structurally unfair is the serious procedural disadvantage which comes from the abbreviated timetable and curtailed case management powers, together with the imposition of this disadvantage on the appellant by the respondent to the appeal."

 

It comes after a previous ruling, last December, deemed the Home Office's policy of detaining individuals on the grounds of administrative convenience pending their appeal was unlawful.

 

Charlotte Kilroy was instructed by Sonal Ghelani of the The Migrants’ Law Project.  

 

To view the judgment please see here.

 

Media coverage of this issue is available:

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)