Minister suspends DFT policy

The Home Office have issued a ministerial statement suspending the detained fast track policy in light of a number of recent successful challenges by Detention Action in Detention Action v SSHD [2014] EWHC 2245 (Admin), Detention Action v SSHD [2014] EWCA Civ 1634, and Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) & Ors [2015] EWHC 1689 (Admin).

Minister James Brokenshire stated that:

“Recently the system has come under significant legal challenge, including on the appeals stage of the process. Risks surrounding the safeguards within the system for particularly vulnerable applicants have also been identified to the extent that we cannot be certain of the level of risk of unfairness to certain vulnerable applicants who may enter DFT.

In light of these issues, I have decided to temporarily suspend the operation of the detained fast track policy. I hope this pause to be short in duration, perhaps only a matter of weeks, but I will only resume operation of this policy when I am sure the right structures are in place to minimise any risk of unfairness.”

Click here to read the full statement.

Charlotte Kilroy acts on behalf of Detention Action along together with Sonal Ghelani at the Migrant’s Law Project and Nathalie Lieven QC.


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