UK's 'structurally unfair' asylum appeals process suspended by court after legal challenge

A charity had argued that the fast-track process was unfair

The Royal Courts
The Royal Courts

A court has suspended the UK’s fast-track asylum appeals system after a legal challenge by a charity that says it is “structurally unfair”.

Lawyers from Action Detention argued that it was unlawful for asylum seekers to be detained during their appeals process even when there was a good chance their case could be valid.

The ruling means that the Home Office can no longer detain asylum seekers during their appeal simply for claiming asylum, and that the system’s tight deadlines can no longer be imposed upon applicants.

The High Court had previously ordered the appeals process to be suspended, but the Court of Appeal had said the Government could keep the system running while an appeal by ministers was heard.

The appeal court has now agreed that the system should be suspended, however.

Speaking from outside the Court of Appeal today Jerome Phelps, the director of Action Detention, said the Government should develop a new approach to asylum appeals.

“We are delighted that asylum-seekers will no longer face a detained appeals process that is 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. We hope that the government will take this opportunity to reflect and develop a different approach that is fair.”

The charity says many applicants processed through the fast-track scheme are from countries with a recent history of armed conflict, including Afghanistan and Sri Lanka.

The current system has been in place for a decade.

The Refugee Council, a charity that works to support asylum seekers, said detaining people on the basis that they were asking for protection was not right.

"This ruling is a very welcome, though painfully long overdue, recognition that the Detained Fast Track is a dangerous caricature of justice," the charity's chief executive Maurice Wren said.

"Today the courts have acknowledged the unlawfulness of a system that for administrative and political convenience undermines justice and puts lives at risk.

"The Government must now accept that detaining people because they asked for refugee protection in the UK is inhumane and deeply unjust."

A Government spokesperson said: "We will be continuing with our appeal of the main judgement in this case.

"Detained fast-track is an important part of our immigration system. It contributes significantly to the speed and effectiveness with which asylum cases are processed - including swiftly removing those found not to be in need of protection - and saves the taxpayer money.”

Register for free to continue reading

Registration is a free and easy way to support our truly independent journalism

By registering, you will also enjoy limited access to Premium articles, exclusive newsletters, commenting, and virtual events with our leading journalists

Please enter a valid email
Please enter a valid email
Must be at least 6 characters, include an upper and lower case character and a number
Must be at least 6 characters, include an upper and lower case character and a number
Must be at least 6 characters, include an upper and lower case character and a number
Please enter your first name
Special characters aren’t allowed
Please enter a name between 1 and 40 characters
Please enter your last name
Special characters aren’t allowed
Please enter a name between 1 and 40 characters
You must be over 18 years old to register
You must be over 18 years old to register
Opt-out-policy
You can opt-out at any time by signing in to your account to manage your preferences. Each email has a link to unsubscribe.

By clicking ‘Create my account’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.

This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.

Already have an account? sign in

By clicking ‘Register’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.

This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.

Register for free to continue reading

Registration is a free and easy way to support our truly independent journalism

By registering, you will also enjoy limited access to Premium articles, exclusive newsletters, commenting, and virtual events with our leading journalists

Already have an account? sign in

By clicking ‘Register’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.

This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.

Join our new commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in