Law Society says Government's proposed timetable provides insufficient time for effective representation
The Law Society warned last week that new Government proposals to expedite appeals by immigration detainees put more onus on speed than they do on justice and fairness.
The Law Society was responding to the recent Ministry of Justice consultation on proposals for an expedited appeals process for detained immigration and asylum appellants (details here).
In its 7-page response to the consultation, the Law Society warned that the proposals to replace the detained fast track system, which was found to be unlawful by the Court of Appeal, will not meet the objective of complying with the court's judgment and striking the correct balance between speed and efficiency and fairness and justice.
The Law Society concludes:
• the proposed timetable provides insufficient time for representatives to carry out the wide range of tasks necessary to provide effective representation at an asylum appeal hearing;
• the proposed form of case management review and the limits on judicial discretion within the Fast Track rules are insufficient as safeguards, particularly where appellants are unrepresented;
• the availability of legal aid and fee exemptions for the expanded cohort of detainees whose appeals will be Fast Tracked under the proposals is far from certain - the right of appeal risks becoming meaningless for a proportion of detainees who wish to assert fundamental rights but cannot afford to do so;
• insufficient regard has been given in the proposals as to how vulnerable appellants will be screened out of the proposed Fast Track appeal process despite widespread criticism of poor screening.
Robert Bourns, president of the Law Society, said: "Under these conditions there is a real risk that speed may prejudice the integrity of the appeal process, for people who are often extremely vulnerable and anxious, who may have suffered a terrifying ordeal.
'There must be judicial oversight of asylum and immigration appeals. We believe quicker, fair hearings can be more reliably achieved under the existing rules with a better resourced appeal system."