High Court finds operation of detained fast track asylum systems unlawful

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
16 July 2014

In a landmark ruling the High Court has found that the way that the Government operates the detained fast track asylum system is unlawful. Giving judgement Mr Justice Ouseley found that the detained fast track as operated carries an unacceptably high risk of unfairness. Among the numerous deficiencies he outlined in the current system was the fact that asylum seekers are locked up for an average of a week before they can see a lawyer when nothing is happening on their cases. The Court also criticised the inadequate screening of asylum seekers’ suitability for the fast track. It found that failings at various stages of the process means that survivors of torture, victims of trafficking and other vulnerable people unsuitable for the detained fast track were not being adequately identified.