This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-33704163
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Asylum appeal fast-track system unlawful, says Court of Appeal | Asylum appeal fast-track system unlawful, says Court of Appeal |
| (35 minutes later) | |
| The Court of Appeal has upheld a ruling declaring a key part of the government's asylum system unlawful. | The Court of Appeal has upheld a ruling declaring a key part of the government's asylum system unlawful. |
| In June, the High Court said detaining asylum seekers and speeding through their appeals was wrong. | In June, the High Court said detaining asylum seekers and speeding through their appeals was wrong. |
| That decision has now been backed by senior judges who said it did not take into account the complexity of claims. | That decision has now been backed by senior judges who said it did not take into account the complexity of claims. |
| Ministers have already suspended the "Detained Fast Track" but had told MPs they wanted to relaunch the system within weeks. | Ministers have already suspended the "Detained Fast Track" but had told MPs they wanted to relaunch the system within weeks. |
| 'Structurally unfair' | 'Structurally unfair' |
| The decision could have major implications for hundreds of cases where applicants for asylum have lost their case during an accelerated legal process, while being held in detention. Some 323 asylum seekers have been released from detention in the past month, 200 of whom had already had their claims rejected. | |
| In Wednesday's ruling, Lord Dyson, the Master of the Rolls, said truncating the time available for appeals was "structurally unfair and unjust". | In Wednesday's ruling, Lord Dyson, the Master of the Rolls, said truncating the time available for appeals was "structurally unfair and unjust". |
| The Detained Fast Track system played a key role in immigration removals and could lead to someone leaving the country in about 22 days. | The Detained Fast Track system played a key role in immigration removals and could lead to someone leaving the country in about 22 days. |
| The system was created in 2003, and was applied to 4,300 asylum seekers in 2013. | The system was created in 2003, and was applied to 4,300 asylum seekers in 2013. |
| Immigration officers could order the detention of any asylum seeker whose case they thought would result in a quick ruling. | Immigration officers could order the detention of any asylum seeker whose case they thought would result in a quick ruling. |
| The system was sometimes used to handle clandestine migrants, such as those entering via the English Channel ports, whom officials thought had no case for refuge. | The system was sometimes used to handle clandestine migrants, such as those entering via the English Channel ports, whom officials thought had no case for refuge. |
| But a string of legal challenges over the past year eroded the power after complaints that many of those being put through the system had suffered torture or had other justified cases for humanitarian protection. | But a string of legal challenges over the past year eroded the power after complaints that many of those being put through the system had suffered torture or had other justified cases for humanitarian protection. |
| 'Fairness and justice' | 'Fairness and justice' |
| Last month, Mr Justice Nicol in the High Court said fast tracking appeals subjected the people involved to "structural unfairness" because they could not properly prepare their case, or access expert help, while in detention. | Last month, Mr Justice Nicol in the High Court said fast tracking appeals subjected the people involved to "structural unfairness" because they could not properly prepare their case, or access expert help, while in detention. |
| And three weeks ago, ahead of a related case, ministers suspended the entire system, telling Parliament they could not be sure that vulnerable applicants were being dealt with fairly. | And three weeks ago, ahead of a related case, ministers suspended the entire system, telling Parliament they could not be sure that vulnerable applicants were being dealt with fairly. |
| Immigration minister James Brokenshire said the suspension might only last a matter of weeks - but in Wednesday's judgement the Court of Appeal ruled the time limits imposed on the appeals could be "potentially disastrous" if the decision was wrong. | |
| "The scheme does not adequately take account of the complexity and difficulty of many asylum appeals, the gravity of the issues that are raised by them and the measure of the task that faces legal representatives in taking instructions from their clients who are in detention," said Lord Dyson. | "The scheme does not adequately take account of the complexity and difficulty of many asylum appeals, the gravity of the issues that are raised by them and the measure of the task that faces legal representatives in taking instructions from their clients who are in detention," said Lord Dyson. |
| "It seems to me that some relaxation of the time limits is necessary, but it is not for the court to prescribe what is required to remedy the problem. | "It seems to me that some relaxation of the time limits is necessary, but it is not for the court to prescribe what is required to remedy the problem. |
| "A lawful scheme must, however, properly take into account the factors to which I have referred whilst, I acknowledge, giving effect to the entirely proper aim of processing asylum appeals as quickly as possible consistently with fairness and justice." | "A lawful scheme must, however, properly take into account the factors to which I have referred whilst, I acknowledge, giving effect to the entirely proper aim of processing asylum appeals as quickly as possible consistently with fairness and justice." |