03 February 2017
R (on the application of TN (Vietnam) and another) v Secretary of State for the Home Department and another [2017] EWHC 59 (Admin), [2017] All ER (D) 90 (Jan)
The Administrative Court declared the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (SI 2005/560), ultra vires. It held that an application to quash or to set the appeal decision aside had to be made to the First-tier Tribunal (Immigration and Asylum Chamber), and decisions which had been made by a tribunal with jurisdiction and which had not necessarily been unfair required more than the fact of the declaration to warrant their being set aside or quashed.
