The Justice Secretary will reintroduce time limits for the
appeals of detained asylum seekers and foreign criminals against removal from
the UK, as part of proposals to bring back a fast-track appeal system.
Judges said the previous fast-track appeal rules were
unlawful in 2015, but the government will implement safeguards and a case
management system, which will be considered by the independent Tribunal
Procedure Committee.
The new rules, if implemented, will affect detainees (including
foreign offenders and failed asylum seekers) appeal against a Home Office
removal (deportation) decision to remove them from the UK.
The previous fast-track appeal system, meant that cases
before the First-tier
Tribunal (Immigration and Asylum Chamber) were governed to time
limits, and could be decided in as little as 12 working days of an initial
decision. Appeals heard by the Upper Tribunal were given more time under the
system eventually ruled unlawful by judges.
Under the government's proposals, the time between an
initial decision and conclusion of an appeal to the tribunal would be capped at
between 25 and 28 working days.
The Justice Secretary Liz Truss said: "It is vital that
foreign nationals who have no right to remain in the country should be removed
as quickly as possible.
"We must ensure that foreign criminals and failed
asylum seekers are not exploiting the justice system by attempting to stay in
the UK after their claims have been rejected.
"Our proposals are also better for detainees as it will
see their detention time cut."
The Home Office said the new procedure will expedite 2,000
cases a year saving the taxpayer an estimated £2.7 million. State legal aid has funded appeals to the tune tens of millions of pounds in the past, which excludes the costs of running the courts and tribunals, and paying immigration judges over £100,000 per year taking into account pensions and benefits.
The Law Society, which represents the legal profession, claims the fast-track system puts speed
before justice.
The have been a number of changes to the Immigration Rules this month. To find out how you may be affected by the April immigration changes click here.
The have been a number of changes to the Immigration Rules this month. To find out how you may be affected by the April immigration changes click here.
UK Prime Minister, Theresa May
The previous Home Secretary, Theresa May, slashed the number
of appeals available in order to help clear the backlog of thousands of cases
clogging up the courts for years.
Now Prime Minister, Mrs May has announced a surprise June
general election this week and has reaffirmed the government’s commitment to
reduce net migration to “sustainable numbers” below 100,000 per year.
The Conservatives want to increase their majority in
Parliament and strengthen their hand in the Brexit negotiations following the triggering
of Article 50 on 29 March 2017, which will take the UK out of the European
Union.
See also:
No comments:
Post a Comment