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.


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