UK govt. loses appeal over 'illegal' asylum law
The UK's Court of Appeal has ruled against the government’s appeal over fast-track detention of asylum seekers.
In June, Britain's High Court ruled that the government's controversial "Detained Fast Track" system was illegal. This key part of the government's asylum system detains asylum seekers and then speeds through their legal appeals, usually to send them quickly back out of the country, in as little as 22 days.
When the ruling was made, the government was forced to suspend the fast track system but vowed to appeal. It has now lost that appeal too, as judges at the Court of Appeal upheld the original ruling and maintained that the government’s policy is unlawful. In the ruling, Lord Dyson said the government policy was "systematically unfair".
"The scheme does not adequately take account of the complexity and difficulty of many asylum appeals, the gravity of the issues that are raised by them and the measure of the task that faces legal representatives in taking instructions from their clients who are in detention," he added.
The government has expressed its disappointment at the outcome and has vowed to take the case to the higher Supreme Court.
The controversial system was created in 2003, and in 2013 alone was used against 4,300 asylum seekers. The decision by the Court of Appeal could have a major impact on hundreds of currently active cases, as well as hundreds who had lost their cases during a fast-track process.
The original court judgment said the system showed "structural unfairness" because claimants could not properly prepare their case, or access expert help, while in detention.
Jerome Phelps, director of Detention Action which brought the original claim, said: 'The Detained Fast Track is a fundamentally flawed process. The courts have repeatedly found that it is structurally unfair towards people who are seeking protection in the UK. Despite repeated changes, it has continued to be unlawfully unfair."
A government spokesperson said: "We are disappointed with the outcome of this appeal. Notably the judgment recognizes the government's aim of processing asylum appeals as quickly as possible. We regard fast track as an important part of our immigration system and the courts do not oppose this principle. We are seeking further permission to appeal."
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