Asylum: Deportation

Home Office written question – answered on 10th July 2015.

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Photo of Paul Blomfield Paul Blomfield Labour, Sheffield Central

To ask the Secretary of State for the Home Department, with reference to the High Court judgement in Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) & Ors [2015] EWHC 1689 (Admin) and the subsequent decision on 26 June 2015 by the Court of Appeal to lift the stay on that ruling, if she will suspend forced returns of people who have previously had their asylum appeal heard under the Fast Track Rules.

Photo of James Brokenshire James Brokenshire Minister of State (Home Office) (Security and Immigration)

The Lord Chancellor is appealing this judgment, with the Home Office an interested party. In the meantime, anyone who has had a fast track appeal who is still in detention awaiting removal has been afforded the opportunity to seek legal advice and submit further representations before any removal action is taken to ensure there has been no unfairness as a result of their appeals being processed under the Fast Track Rules or through their application being processed in the Detained Fast Track process.

A Written Ministerial Statement was laid on 2 July announcing a decision to pause the DFT process to review the way in which its safeguards operate. The interim process for deciding asylum cases in detention will be in accordance with general detention criteria and the principal tribunal procedure rules for appeals.

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