Response to the Ministry of Justice consultation on proposals for an expedited appeals process for detained immigration and asylum appellants

The Ministry of Justice proposes to introduce a new revised fast track procedure for all detained immigration appellants, including Foreign National Offenders serving prison sentences (FNOs), with a timeframe of 25 days for the determination of appeals. The Commission acknowledges the legitimate and laudable aim of ensuring persons who are detained for immigration purposes have their cases dealt with in a fast and efficient manner in order to minimise time spent in detention. We also welcome the improvements to the detained fast track procedure suspended in July 2015 (the DFT), with proposals for an expanded timescale and the possibility of case management reviews.

However, the Commission is concerned that there is insufficient evidence that a detained fast track procedure will achieve the aim of reducing time in detention, or can be implemented without compromising justice for appellants. The proposed modifications do not adequately address the concerns about the structural unfairness inherent in the previous Fast Track Rules identified by the Court of Appeal in its judgment in July 20151, which led to the DFT’s suspension. This consultation response aims to highlight the Commission’s equality and human rights concerns with respect to the new proposals.

Download the consultation response

Last updated: 12 Jan 2017