- Cited — MR (Pakistan) & Anor v Secretary of State for Justice & Orse 2021-04-14
“…le test to make a finding of systemic unfairness is set out in R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, where Lord Dyson MR said:…”
- Cited — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…ld] be denied a fair opportunity to present their cases…”, those rules were held to be unlawful (The LordChancellor v R (Detention Action) [2015] EWCA Civ 840; [2015] 1 WLR 5341, the quotation being from [38] per Lord Dyson MR).…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…re ultra vires and they were quashed. On appeal from Nicol J in R(Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, the Court of Appeal upheld the finding that the 2014 Rules were systemically unfair. This was because the period of seven days between the asylum decision and…”
- Followed — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“… for the Home Department [2017] EWHC 59 (Admin); [2017] 1 WLR 2595 by Ouseley J. Ouseley J. followed the approach of the Court of Appeal in R(Detention Action) [2015] 1 WLR 5341 and found that the 2005 DFT Rules were ultra vires and therefore unlawful.…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…ght that no application was made to adjourn so that the evidence from Rose could be located and adduced. However, as Lord Dyson MR noted in R(Detention Action) [2015] 1 WLR 5341, the effect of the DFT process was that it put the advocate into an unfair dilemma, namely whether to seek an adjournment and highlight difficulties with a cas…”
- Applied — Siddiqui, R (On the Application Of) v Lord Chancellor & Ors 2019-05-10
“… in the judgment of Lord Reed at paragraph 65 and following, and he also relied on the observations of this court in R (Detention Action) v First-Tier Tribunal [2015] 1 WLR 5341 in which the fast-track regime applying to asylum and immigration appeals in the First-Tier Tribunal and Upper Tribunal was struck down as being structurally u…”
- Considered — TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department 2019-05-03
“…[2015] EWCA Civ 840, [2015] 1 WLR 5341 (“Detention Action”) this court considered the legality of the Fast Track Rules in relation to appeals to the First-tier Tribunal against refusals of asylum ap…”
- Cited — Hameed & Anor, R (On the Application Of) v Secretary of State for the Home Department 2019-03-18
“…That decision was upheld in the Court of Appeal on 29 July 2015 (“DA6”): [2015] EWCA Civ 840, [2015] 1 WLR 5341. It was there confirmed that the 2014 Rules were to be regarded as structurally and systemically unfair and inherently unjust: and were ultra vires.…”
- Cited — TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor 2018-12-19
“…In R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341 (“DA6”), the 2014 Rules were challenged directly. On 29 July 2015, the Court of Appeal dismissed the Lord Chancellor's appeal against the order of Nicol J of 1…”
- Explained — EM, R (on the application of) v The Secretary of State for the Home Department 2018-05-15
“…[2015] 1 WLR 5341 at paragraph 27, where he explained when giving the only reasoned judgement of the Court of Appeal that:…”