Source: All England Reporter
Publisher Citation: [2004] All ER (D) 201 (Nov)
Neutral Citation: [2004] EWCA Civ 1481
Court: Court of Appeal, Civil Division
Judge:

Chadwick, Sedley and Dyson LJJ

Representation Michael Fordham and David Pievsky (instructed by the Public Law Project) for the claimant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 12 November 2004

Catchwords

Immigration - Asylum - Pilot fast track scheme - Fairness.

The Case

The three factors the court had to weigh in order to determine whether the scheme was unfair were: the individual interest at issue; the benefits to be derived from added procedural safeguards; and the costs to the administration of compliance. Those factors, however, were not of equal weight administrative convenience could not justify unfairness. There had to be in asylum procedures an irreducible minimum of due process. Applying those principles, the Court of Appeal determined that the fast track pilot scheme at Harmondsworth Removal Centre to deal with certain asylum claims within a three-day timetable was not unlawful.

Practice Areas

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