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16 October 2014
Issue: 7626 / Categories: Legal News
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No halt for asylum fast track

The Home Office does not need to suspend its detained fast track (DFT) process despite an earlier finding that it is unlawful, the Court of Appeal has held.

In July, Mr Justice Ouseley held that the DFT process had been operating unlawfully, but declined to suspend it until the Home Office had taken steps to address the risk of unfairness identified by the court.

Detention Action, the campaign group which brought the challenge, appealed, in R (on the application of Detention Action) v Home Secretary [2014] EWCA Civ 1270.

Delivering judgment, Lord Justice Longmore said: “The true questions for this court are whether the judge had a discretion to refuse relief other than a declaration and, if so, whether his discretion was wrongly exercised.”

The Home Office has taken steps to redress the unfairness, including reconsidering some cases.

Jerome Phelps, director of Detention Action, says: “We are disappointed. However, it is significant that neither court has found that the Home Office has addressed this unlawfulness.”

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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