- Cited — MR (Pakistan) & Anor v Secretary of State for Justice & Orse 2021-04-14
“…und that the applicable 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
“…er of appellants [would] 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 — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…ved. That would deny the individual a fair – or perhaps any – opportunity to present their case: see Lord Dyson MR in The Lord Chancellor v R (DetentionAction) [2015] EWCA Civ 840 at [38].…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…ls before the FTT, were 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 …”
- 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 re…”
- 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 ultr…”
- 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 or…”