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The Supreme Court upheld a Court of Appeal decision that an asylum appeal determination is not automatically a nullity even if the applicable fast-track procedure was systemically flawed. Robin Tam KC and Natasha Barnes (of 1COR) represented the Home Secretary in resisting the claimant’s appeal to the Supreme Court.
An unsuccessful asylum appellant must show unfairness in the circumstances of their own case in order to have the determination set aside.
The claimant’s asylum appeal had been determined under fast-track rules that the High Court decided were systemically flawed. However, the claimant could not show unfairness, so her claim to have the determination quashed failed.