Appeals and removals in the detained-fast track system

Legal Updates

On 2 July, the Immigration Minister James Brokenshire announced the suspension of the detained-fast track system (which handles certain asylum claims, deemed to be quick and easy to resolve).  Read the story of the legal cases that led to the suspension in our blog post here.

In Detention Action’s successful legal cases, the High Court and the Court of Appeal ruled that the appeals process of the detained-fast track was unlawful and ‘ultra vires’ (meaning the rules went beyond the authority of those responsible for setting them).   This verdict was confirmed again in a judgment issued on 29 August when the Court of Appeal rejected the Home Office’s legal challenge.

Despite this, the Home Office is still trying to forcibly remove people who have had their appeals heard within the fast-track system.

Duncan Lewis solicitors and Garden Court chambers sought to challenge this on behalf of several individuals but also ‘generic relief’, seeking a ruling that would benefit anyone who has had an appeal heard within the detained fast-track (DFT) and who was vulnerable to removal now, so that they might have their appeals heard afresh and be protected from removal.

The judge (the president of the First Tier Tribunal) issued a decision that sets aside any previous determinations or decisions of the First Tier and Upper Tribunal, if the appeal was previously heard in the DFT.  This decision is very helpful for anyone who has had their appeal refused in the fast-track system.   Download the decision here.

The president also provided a draft letter which can be used to apply to the First-Tier Tribunal to set aside previous fast-track appeal determinations.  Download the draft letter here.

It has been written to make it as easy as possible for people to use if they are without legal representation.   See the Tribunal website here for contact details for sending the draft letter or asking the Tribunal questions about it.

Anyone (detained or released from the detained fast-track) who has had their appeal heard within the fast-track system should seek immediate legal advice.  If your lawyer has not heard about this latest development, print off the judgment and draft letter (see links above) and show them to them.



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