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Fast-track asylum appeal system suspended by Court of Appeal | |
(35 minutes later) | |
The fast-track system which detains asylum seekers while they appeal against decisions has been suspended by the Court of Appeal. | |
The system was introduced a decade ago as a key part of the government's drive to remove failed asylum seekers. | The system was introduced a decade ago as a key part of the government's drive to remove failed asylum seekers. |
It accelerates legal hearings and appeals, while keeping the individual detained at all times. | It accelerates legal hearings and appeals, while keeping the individual detained at all times. |
A previous hearing at the High Court ruled the system was unlawful, and contained "structural unfairness". | A previous hearing at the High Court ruled the system was unlawful, and contained "structural unfairness". |
At the time, High Court judge Mr Justice Nicol put a "legal stay" - a temporary delay - on his decision, which meant the fast-track system remained in operation until the government had exhausted all opportunities to appeal. | At the time, High Court judge Mr Justice Nicol put a "legal stay" - a temporary delay - on his decision, which meant the fast-track system remained in operation until the government had exhausted all opportunities to appeal. |
However, the Court of Appeal has now lifted that stay, meaning the government must stop its fast-track system immediately. | However, the Court of Appeal has now lifted that stay, meaning the government must stop its fast-track system immediately. |
Giving his reasons, Lord Justice Sullivan said the reputation of the justice system might suffer if cases were heard under an unlawful process, and a "very horrible waste of money" if cases had to be heard again. | Giving his reasons, Lord Justice Sullivan said the reputation of the justice system might suffer if cases were heard under an unlawful process, and a "very horrible waste of money" if cases had to be heard again. |
The programme accelerated some 4,300 asylum applications or decisions in 2013. It currently processes 30 to 40 cases a week. | The programme accelerated some 4,300 asylum applications or decisions in 2013. It currently processes 30 to 40 cases a week. |
'Deeply flawed process' | 'Deeply flawed process' |
The BBC's Danny Shaw said the ruling meant dozens of asylum claimants currently detained would now be able to apply for bail. | The BBC's Danny Shaw said the ruling meant dozens of asylum claimants currently detained would now be able to apply for bail. |
The government did not challenge the lifting of the stay, but will still be able to appeal against the High Court's overall ruling that the system is unlawful. | The government did not challenge the lifting of the stay, but will still be able to appeal against the High Court's overall ruling that the system is unlawful. |
The High Court decision was a victory for the charity Detention Action, set up in 1993 to support and campaign on behalf of individuals held in immigration detention. | The High Court decision was a victory for the charity Detention Action, set up in 1993 to support and campaign on behalf of individuals held in immigration detention. |
Detention Action director Jerome Phelps said he was "delighted" asylum-seekers would no longer face a detained appeals process that was "so unfair as to be unlawful". | Detention Action director Jerome Phelps said he was "delighted" asylum-seekers would no longer face a detained appeals process that was "so unfair as to be unlawful". |
"It is unfortunate that it has taken so many court rulings to finally suspend this deeply flawed process," he said. | "It is unfortunate that it has taken so many court rulings to finally suspend this deeply flawed process," he said. |
"People seeking protection from war and persecution deserve better from British justice." | "People seeking protection from war and persecution deserve better from British justice." |