Court of Appeal dismiss government appeal against DFT ruling in High Court

The Court of Appeal today dismissed the Lord Chancellor’s appeal against the High Court ruling that the Detained Fast Track appeals process is unlawfully unfair to asylum-seekers.

The Court upheld the High Court order of 12 June 2015 quashing the procedural rules governing the Detained Fast Track asylum appeals process.

Lord Justice Dyson MR, in the lead judgment, observed that that “the consequences for an asylum seeker of mistakes in the process are potentially disastrous”,  and concluded that “the FTR [Fast Track Rules] does not strike the correct balance between (i) speed and efficiency and (ii) fairness and justice.  It is too heavily weighted in favour of the former”.

For a full text of the Court of Appeal judgment please click here.

Please click here for Detention Action’s press release.

The Court of Appeal ruling is likely to further delay the Government’s plans to reinstate the DFT system. A suspension was announced by Minister for Immigration James Brokenshire on 2 July 2015.  He stated on that occasion to Parliament that he hoped the suspension ‘would be short in duration, perhaps only a matter of weeks.’

Since the suspension of the appeals process on 26 June 2015 (following the Detention Action judgment in the High Court), 323 asylum-seekers have been released from the Fast Track according to Home Office Minister Lord Bates yesterday.

Doughty Street’s 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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