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10 February 2017
Issue: 7733 / Categories: Case law , Law digest , In Court
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Immigration

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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.

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