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After effects of the asylum process

A recent decision provides a potential, albeit belated, remedy to appellants who have been through the detained fast-track system and lost, writes Richard Young

7 March 2017

The decision of Mr Justice Ouseley, a former president of the old Immigration Appeal Tribunal, in the recently decided case of R (TN & US) v Secretary of State [2017] EWHC 59 (Admin) is likely to have far-reaching implications for some of those that have been subject to the detained fast-track system for the processing of certain asylum claims.

The fast-track system provided for the determination of asylum claims and any appeal against a negative decision by the Home Office (the vast majority of claims were refused) under a hugely accelerated procedure with the applicant remaining in detention throughout, with little realistic prospect of obtaining bail while going through the system.

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