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Fast-track asylum appeal system suspended by Court of Appeal

Fast-track asylum appeal system suspended by Court of Appeal

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  • From the sectionUK
Gates at Yarl's Wood
Yarl's Wood in Bedfordshire is one of the UK's immigration detention centres
The fast-track system which detains asylum seekers while they appeal against decisions has been suspended by the Court of Appeal.
The system was introduced a decade ago as a key part of the government's drive to remove failed asylum seekers.
It accelerates legal hearings and appeals, while keeping the individual detained at all times.
A previous hearing at the High Court ruled the system was unlawful, and contained "structural unfairness".
At the time, High Court judge Mr Justice Nicol put a "legal stay" - a temporary delay - on his decision, which meant the fast-track system remained in operation until the government had exhausted all opportunities to appeal.
However, the Court of Appeal has now lifted that stay, meaning the government must stop its fast-track system immediately.
Giving his reasons, Lord Justice Sullivan said the reputation of the justice system might suffer if cases were heard under an unlawful process, and a "very horrible waste of money" if cases had to be heard again.
The programme accelerated some 4,300 asylum applications or decisions in 2013. It currently processes 30 to 40 cases a week.

'Deeply flawed process'

The BBC's Danny Shaw said the ruling meant dozens of asylum claimants currently detained would now be able to apply for bail.
The government did not challenge the lifting of the stay, but will still be able to appeal against the High Court's overall ruling that the system is unlawful.
The High Court decision was a victory for the charity Detention Action, set up in 1993 to support and campaign on behalf of individuals held in immigration detention.
Detention Action director Jerome Phelps said he was "delighted" asylum-seekers would no longer face a detained appeals process that was "so unfair as to be unlawful".
"It is unfortunate that it has taken so many court rulings to finally suspend this deeply flawed process," he said.
"People seeking protection from war and persecution deserve better from British justice."
http://www.bbc.co.uk/news/uk-33285443

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