The Lord Chancellor v Detention Action

The Lord Chancellor v Detention Action

The Fast Track Rules 2014 are systemically unfair and unjust because the time limits are so tight that a significant number of asylum appellants are denied a fair opportunity to present their cases, and the procedural safeguards are insufficient to remedy this structural unfairness. Therefore, the FTR are ultra...

Source-derived case information.

Parties
Appellant: The Lord Chancellor; Respondent: Detention Action; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Tribunal Procedure Rules, Ultra Vires, Fair Hearing, Asylum Appeals, Detained Fast Track System
Administrative Law Immigration Law Tribunal Procedure Rules Ultra Vires Fair Hearing Asylum Appeals Detained Fast Track System

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Parties

The Lord Chancellor

Appellant

Detention Action

Respondent

Secretary of State for the Home Department

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Fast Track Rules 2014 governing asylum appeals are ultra vires section 22 of the Tribunals, Courts and Enforcement Act 2007 due to structural unfairness.
  2. 2 Whether the procedural safeguards in the Fast Track Rules are sufficient to ensure fairness and justice.

Ratio Decidendi

The Fast Track Rules 2014 are systemically unfair and unjust because the time limits are so tight that a significant number of asylum appellants are denied a fair opportunity to present their cases, and the procedural safeguards are insufficient to remedy this structural unfairness. Therefore, the FTR are ultra vires section 22(4) of the Tribunals, Courts and Enforcement Act 2007.

Court Disposition

Appeal dismissed

Orders

  • The Fast Track Rules 2014 are quashed as ultra vires section 22(4) of the Tribunals, Courts and Enforcement Act 2007.