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Immigration Solicitors

Government loses fast-track detention appeal (30 July 2015)

Date: 30/07/2015
Duncan Lewis, Immigration Solicitors, Government loses fast-track detention appeal

The government has lost a Court of Appeal challenge to a High Court decision, which ruled that the fast-track detention policy for asylum seekers was unlawful.

The fast-track detention process was introduced in 2000 – and aimed to speed up the process of asylum appeals, with hearings conducted while asylum seekers were held in immigration detention centres.

In June, a court ruled that the fast-track detention process was unlawful – and as a result the government suspended the process, but warned that up to 100 asylum seekers might have to be released from detention.

Home Secretary Theresa May appealed the ruling, however – but on Wednesday (29/07/15) the Appeal Court upheld the High Court ruling.

The Mirror reports that Master of the Rolls Lord Dyson said the rules on fast-track detention were “systematically unfair and unjust” – and “do not strike the correct balance between speed and efficiency and fairness and justice”.

“It is too heavily weighted in favour of the former and needs to be adjusted,” he added.

Lord Dyson said that it was now up to Parliament to decide how the system would be adjusted.

Last month, campaigners against fast-track detention marched on Parliament to demand the closure of Yarl's Wood Immigration Detention Centre in Bedfordshire, where vulnerable women seeking asylum are held with their children.

Yarl’s Wood has been at the centre of a number of scandals, including allegations of inappropriate sexual relationships between prison staff and vulnerable women detainees.

Some prison guards were suspended as a result of the allegations and subsequent investigation into Yarl’s Wood.

In June, Immigration Minister James Brokenshire announced that fast-track detention had been temporarily suspended pending the government’s appeal of the High Court ruling. Around 800 asylum seekers were being held under the process, 100 of could be released to have their asylum cases processed under an alternative system.

The remaining 700 asylum seekers held under fast-track detention continued to be held under different immigration laws. However, as a result of the Appeal Court upholding the High Court ruling, their position may change.

The government’s failure to challenge the ruling on fast-track detention comes as the French authorities announced a further 120 police officers will be sent to Calais, to tackle thousands of migrants trying to storm the Channel Tunnel to reach the UK.

It is reported that one migrant has died as a result of the large number climbing electrified fences to reach the tunnel.

The number of migrants camped out a Calais has soared in the last few months and is now estimated to be between 3,000 and 5,000, all waiting to cross to England illegally.
Duncan Lewis Immigration Solicitors
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