Despite the judgment in Detention Action v First-tier Tribunal, recently upheld by the Court of Appeal, which declared that the fast track procedure rules were ultra vires and that appeals heard under the Detained Fast Track required to be re-heard, the Secretary of State continues to seek to remove persons who had their appeals heard within the now-suspended system.
In eight linked applications for Judicial Review, the President of the First-tier Tribunal, at an expedited hearing, has provided a ruling and a draft letter that those wishing to demand a re-hearing of their appeal can use to restart their appeals afresh and be protected from removal.
More information can be found in the note on the judgment and the judgment itself.
Raza Halim was instructed by Toufique Hossain of Duncan Lewis Solicitors. Raza is a member of the Garden Court Chambers Immigration and Asylum Team.
