As a direct access immigration barrister working in London one of the pleasures is working in a tight knit and supportive community of other committed barristers. Being a part of a small and highly specialised bar enables one to develop relationships and contacts which can help me and my clients. One such member of the immigration bar is the excellent Colin Yeo. If you have read my blogs then you will almost certainly have read his, he hosts the fantastic freemovement.org.uk blog. It is excellent and is undoubtedly in my view the most informative news sight in the immigration world.
I was looking at it this evening and saw an excellent post on the consequences of the detained fast track being ruled illegal. The Court of Appeal’s decision to rule it unlawful left a big question, what about all those who had their appeals dismissed on the basis of that flawed system, could they have another appeal, make a fresh claim or was there going to be some other way forward.
This matter was answered by the President of the First Tier Tribunal, Mr Clements who has ruled that anyone who had their appeal dismissed can apply to have that decision set aside under Rule 32 of the relevant first tier rules. The consequence of this is that anyone who does so apply cannot be removed from the United Kingdom while they have a pending appeal by virtue of s.78 of the Nationality, Immigration and Asylum Act 2002. It will also mean that anyone who does so apply and who succeeds at the appeal can the years after the appeal was dismissed towards ILR or lawful residence again by virtue of s.78 and the Home Office’s own guidance.
There remains a question as to how those who were removed can benefit from this landmark decision. I think that there is the potential to either request to be returned or request for video link – that is if the people who have been returned have not been killed or harmed as a result of being caught up in this scheme. It also raises the question as to whether relatives of those who were removed and killed have a claim in their own right? The full post can be found here https://www.freemovement.org.uk/dismissed-detained-fast-track-appeals-to-be-reheard-on-request/
The starting point is of course to seek professional advice in this regard. If you or a family member has been in the DFT and lost then on the face of it you are entitled to ask for the decision be set aside and to have another hearing. This could be a massively positive step in resolving any immigration problems, however, any such application and subsequent appeal must be prepared professionally and thoroughly as if the case is not presented properly it could be dismissed.
I envisage that there will be a number of enquiries flowing from this very important decision and so I am going to be holding a number of surgeries late on Monday and Thursday evenings as well as Saturday mornings, if you wish to come and see me please get in touch with one of my team and we will get you booked in for a conference as soon as possible.
Paul Turner is a highly regarded direct access immigration barrister and is the head of Imperium Chambers, Grays Inn Buildings, Grays Inn, he also practises from Mansfield Chambers, the Chambers of Michael Mansfield QC, 5 Chancery Lane, London, WC2A 1LG and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to provide advice and representation directly to the public.