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Immigration

14 August 2015
Issue: 7665 / Categories: Case law , Law digest , In Court
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Detention Action v Lord Chancellor;Subnom R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWCA Civ 840, [2015] All ER (D) 314 (Jul)

The defendant Lord Chancellor appealed against the judge’s decision that the Fast Track Rules (the FTR), which governed appeals to the First-tier Tribunal (Immigration and Asylum Chamber) against refusals by the Secretary of State of asylum applications, were ultra vires. The Court of Appeal, Civil Division, in dismissing the appeal, held that the FTR were systematically unfair and unjust, as they had not struck the correct balance between speed and efficiency, and fairness and justice.

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