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United Kingdom grounds procedural improprietypublic authority dutiesgrounds illegality

R (on the application of O) v Secretary of State for the Home Department

[2022] UKSC 3
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2022
StatusBinding authority

Summary

The detained fast track asylum process was unlawful as it failed to provide procedurally fair conditions for asylum seekers to present their claims adequately.

Key Principle

detained fast track asylum process; lawfulness of detention; procedural fairness in accelerated asylum procedures

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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