Have a question?
033 3772 0409

Detained Fast-Track

Detained Fast-Track


I was detained under the Fast-Track system, can I challenge this?


The Detained Fast-Track process unfairly detained asylum-seekers while their claims were being considered under an accelerated timetable. We fought this procedure until it was brought down.


In JM & Ors [2015]we challenged the legality of this process on the basis that it created an unacceptable risk of unfairness to vulnerable or potentially vulnerable individuals. The High Court agreed, and the Secretary of State conceded that the process as a whole created a risk of failure to identify those whose claims were unsuitable for a quick decision within the Detained Fast-Track process.(See Garden Court Briefing Note)


Our case of Alvi & Ors v Secretary of State for the Home Department [2015] established the important principle that anyone who had their appeal determined under the ultra vires 2014 Fast-Track Rules can apply to the president of the First-Tier Tribunal to have their appeal decision set aside and reheard.


In TN (Vietnam) & US (Pakistan) the High Court declared that the 2005 Fast Track Rules were also ultra vires.


In the case of YA, the Home Office completely failed to identify our client, from Chad, as a potential victim of torture and had detained him under the Detained Fast-Track system, despite having evidence from the Helen Bamber Foundation that he was a victim of torture. The Home Office defended the case, despite the case being brought after JM & Ors.


In the event, the High Court held, “without hesitation, in light of the concession and declaration in JM that it was unlawful not to release the Claimant within one day of receipt of the letter [from the Helen Bamber Foundation].”


In the media:


Garden Court Briefing Note


Garden Court Briefing Note by counsel Raza Halim on the case of YA


For all Public Law related matters contact us online now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Our Services
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ┬ęDuncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.