source: Right to Remain
published: 11 August 2015
On 2 July, the Immigration Minister James Brokenshire announced the suspension of the detained-fast track system (which handles certain asylum claims, deemed to be quick and easy to resolve). Read the story of the legal cases that led to the suspension in our blog post here.
In Detention Action’s successful legal cases, the High Court and the Court of Appeal ruled that the appeals process of the detained-fast track was unlawful and ‘ultra vires’ (meaning the rules went beyond the authority of those responsible for setting them). This verdict was confirmed again in a judgment issued on 29 August when the Court of Appeal rejected the Home Office’s legal challenge.
Despite this, the Home Office is still trying to forcibly remove people who have had their appeals heard within the fast-track system.
Duncan Lewis solicitors and Garden Court chambers sought to challenge this on behalf of several individuals but also ‘generic relief’, seeking a ruling that would benefit anyone who has had an appeal heard within the detained fast-track (DFT) and who was vulnerable to removal now, so that they might have their appeals heard afresh and be protected from removal.