R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin), [2015] All ER (D) 133 (Jun)
The claimant charity issued judicial review proceedings, contending that the fast track rules (FTRs) contained in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), were ultra vires. The Administrative Court, in allowing the application, held that the FTRs were ultra vires. What made the FTRs structurally unfair was the serious procedural disadvantage which came from the abbreviated timetable and curtailed case management powers, together with the imposition of that disadvantage on the appellant by the respondent to the appeal.
