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Tribunal

First-tier Tribunal - Practice and procedure - Whether fast track rule regime applying to First-tier Tribunal asylum and immigration appeals ultra vires - Tribunal, Courts and Enforcement Act 2007, s 22(4)(b) - Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) - Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604) Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

2 July 2015

QBD: Nicol J

• 12 June 2015

The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.

Nicol J so held sitting in the Queen's Bench Division in allowing a claim for judicial review by the claimant, Detention Action, against the decision of the third defendant, the Lord Chancellor, to approve the fast track rule regime ("FTR"), as required by the Tribunal Courts and Enforcement Act 2007. The first and second defendants, respectively the First-tier Tribunal (Immigration and Asylum Chamber) and the Upper Tribunal (Immigration and Asylum Chamber), took no part in the proceedings. The Secretary of State for the Home Department appeared as an interested party.

The claimant charity claimed that the pro...

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