The claimant charity assisting asylum seekers challenged the system of detaining applicants under a fast track system. The charity had succeeded, but only in part and now argued that once the judge had decided that the manner in which the DFT was being operated created an unacceptable risk of unfair determinations and was to that extent being operated unlawfully, the judge had no discretion to exercise but was bound to make the orders asked for and bring the whole DFT operation to a halt until it was operating lawfully.
Judges:
Beatson, Floyd, Fulford LJJ
Citations:
[2014] EWCA Civ 1634
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Detention Action v Secretary of State for The Home Department Admn 9-Jul-2014
The claimant challenged the lawfulness of the policy and practice applied by the Secretary of State for the Home Department in the operation of the Detained Fast Track, DFT. This is the policy for the detention of some asylum seekers, while their . .
First expedited appeal – Detention Action, Regina (on The Application of) v Secretary of State for The Home Department CA 9-Oct-2014
The court was asked as to the application of the fast track detention system imposed by the respondent. The court now heard an expedited appeal against a decsion that it was unlawful. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 08 August 2022; Ref: scu.539981