Since 2003, those seeking asylum who come to the United Kingdom are greeted with what the State delicately refers to as the Detained Fast-Track Asylum System, or DFT. The only thing systematic in DFT is violence, and in particular violence against women. Two weeks ago, the High Court found the system unlawful and should be ended immediately. The State replied that stopping the system would be “inconvenient”, and the high court agreed, granting a stay on the order. Detention Action appealed the delay, and last Friday, the Court of Appeals agreed with them, meaning the system has to close down. The Home Office is in chaos.
The State loves throwing asylum seekers behind bars. In 2013, the latest figures available show 4,286 asylum seekers locked up, via DFT, in Yarl’s Wood, Colnbrook or Harmondsworth. 4,286 human beings seeking help and haven end up in cages. In 2012, Detained Fast Track sent 2,477 asylum seekers to Yarl’s Wood, Colnbrook and Harmondsworth. That’s an increase of 73% in one year. Cruelty and inhumanity are a growth industry.
This is the third time Detained Fast Track has been found unlawful. As Detention Action noted, “The High Court first ruled in July 2014 that the operation of the Detained Fast Track was at the time unlawful. Then, on 16th December 2014 the Court of Appeal found that the detention of asylum seekers who were not at risk of absconding whilst their appeals are pending was unlawful. Yet still the Fast Track continues.”
Now asylum seekers might be able to apply for bail. Having faced war, destitution, sexual violence in their home countries, and often in their homes, having made it to England only to be jailed, having often undergone further intimidation, brutality, including sexual violence, at the hands of the prison staff, these `dangers to society’ might be able to approach the shadowlands of due process. It’s not justice, but at least it’s due process.
The latest High Court trial was heard before High Court Justice Andrew Nicol, who concluded, “In my judgment the FTR [Fast Track Rules] do incorporate structural unfairness. They put the Appellant at a serious procedural disadvantage … What seems to me to make the FTR structurally unfair is the serious procedural disadvantage which comes from the abbreviated timetable and curtailed case management powers together with the imposition of this disadvantage on the appellant by the respondent to the appeal.”
Justice Nicol goes on to discuss what happens when `efficiency’ trumps justice:
“I recall that the SSHD [Secretary of State for the Home Department] opposed the TPC’s [Tribunal Procedure Committee] preliminary view that separate Fast Track Rules should be abolished and the Tribunal judiciary be left with discretion to shorten time limits either on an individual basis or through Practice Directions from the Chamber Presidents. As the TPC’s consultation document had said, `the Home Office is concerned that leaving procedures to the discretion of Tribunal Judges would not deliver the clear, consistent and truncated timetable that the current rules provide for.’
“From the perspective of an executive department that is a perfectly understandable objective, but it is not consistent with a procedural scheme which must give an element of priority to fairness and seeing that justice is done. On the contrary, it looks uncomfortably akin to what Sedley LJ in Refugee Legal Centre said should not happen, namely sacrificing fairness on the altar of speed and convenience.”
Fine words, and a good decision, but there is neither altar nor sacrifice in this tragedy. There was a determination that too many Black and Brown women – mostly African and Middle Eastern – would tip the boat, and so speed and `convenience’ justified the construction of a charnel-house network for those, and especially those women, “Black as if bereav’d of light,” whose only value is to enact death-in-life and then die, either behind bars or somewhere else. Shut it down. #SetHerFree
(Image Credit: Detention Action)