Quick note from S Chelvan of No 5 Chambers:
Lord Justice Treacy has granted permission to appeal in proceedings which seek to challenge refusal of a fresh claim, but also seek to challenge Detained Fast Track determinations made under the 2005 Detained Fast Track Rules. Underpinning the three decisions under challenge in the fresh claim, is a May 2014 determination of the First-tier Tribunal (IAC) made under the 2005 Detained Fast Track Procedure Rules. Treacy LJ granted permission to appeal on this ground of appeal, noting Nicol J’s finding in the successful 2015 Detention Action claims challenge to the ultra vires of the 2014 Rules, the modification between the 2014 and 2005 rules was ‘merely a matter of days’. Permission has been granted to cite the judgment in other proceedings (R (BK (Sri Lanka) v SSHD (C2/2015/0193)). Counsel is S. Chelvan from No5 Chambers, with Mervyn Cross as the instructing solicitor from Duncan Lewis Solicitors.