Unfair Consideration Under The Detained Fast Track Process
- Personal Immigration
Issues Client Faced
We recently represented an Appellant at the First Tier Tribunal and successfully argued that the home office decision to refuse his asylum claim was not in accordance with the law as it was made on the basis of a substantive asylum interview conducted under the Detained Fast Track Process. We replied on Detention Action v SSHD  EWHC 2245.
Our client was detained at Yarls Wood IRC with his wife and we were only given 1 days notice of his substantive interview. We had no alternative but to take initial instructions on the morning of his interview. It was clear that he had a complicated asylum claim, was a survivor of torture in his country of origin.
There was insufficient time to take full instructions and fully advice him prior to his interview. He was released shortly after his interview as the Home Office accepted that his case was unsuitable for the Detained Fast Track process.
A few months later the Home Office made a decision to refuse his application for asylum and relied on several discrepancies in his interview.
We lodged an appeal with the First Tier Tribunal.
The appeal was heard on 13 April 2015 and we successfully argued that the Home Office decision to refuse our clients asylum application was not in accordance with the law. The IJ found that insufficient time was accorded for legal advice and preparation prior to his substantive interview, in comparison to the 4 clear days now allocated following the Detention Action Judgment. The IJ accepted that the Detained Fast Track process was procedurally unfair and ultimately that in consequence the decision of the Home Office was not in accordance with the law and that this which led to a further interview opportunity or at the very least some allowances made in reliance on inconsistencies.
After our clients appeal was heard, there has been further extremely useful litigation on the Fast Track process.
Key Message To Others
If you claimed asylum and your case was considered under the Detained Fast Track process, you may not have had an opportunity to seek legal advice, obtain vital evidence to support your claim or the simple fact that you were detained may have had an impact on your ability to prepare and present your claim.
Regardless of whether your claim was fully considered under the Detained Fast Track process and you have now exhausted all your appeal rights or whether your claim was being considered in detention and you were released before the home office made a decision, it is extremely important that you seek legal advice.
Alternatively you may have a valid claim for unlawful detention if you were detained under this process.
Anyone that was detained under the Detained Fast Track process we would strongly advised to seek legal advice as this process has now been found to be unlawful and is currently suspended.