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Detail of outcome
On 12 October 2016, the Ministry of Justice launched a consultation on policy proposals to introduce an expedited appeals process, regulated by specific new rules, for detained appellants. We asked the public and interested stakeholders to give their views on the overall length of time an expedited process should take, who should be subject to that process, and the safeguards required to ensure such a process is fair and lawful.
We received 21 responses to the consultation, including from third sector organisations, professional bodies, and members of the public; and we are now publishing our formal response.
It will now be for the independent Tribunal Procedure Committee (TPC) to decide whether to introduce an expedited appeals process
The government is consulting on proposals for an expedited appeals process for detained immigration and asylum appellants. Any new process needs to balance speed and efficiency with accessibility and fairness.
The key proposals in this consultation are:
- that there needs to be new dedicated rules for detained appellants within the principal rules
- to apply the expedited appeals process to all appellants detained in Immigration Removal Centres or prison who appeal a Home Office immigration decision
- a suggested revised timescale from the point of the Home Office decision to the appeal being determined
- whether there should be a case management review stage in the appeal process
- the government should charge a fee to bring an appeal.
Tribunal rules are made by the Tribunal Procedure Committee (TPC) and this consultation looks at what the policy behind new rules should be.