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The Detained Fast Track

Citation: Vicary, Jessica (2014) The Detained Fast Track. Masters thesis, University of London.

DISSERTATION Jessica Vicary.pdf

Creative Commons: Attribution-Noncommercial-No Derivative Works 3.0

The thesis is concerned with accelerated procedures to determine asylum claims in the UK. It applies UK Home Office policy and legislation, along with EU law and legislation read in conjunction with the treaties outlining the UK’s international obligations to the realities that detainees experience when routed onto the procedure. The study finds that the signing of the Treaty of Lisbon in 2009 reignites the debate concerning the meaning and scope of EU principles. It suggests that the resulting strengthened principle of proportionality and necessity renders unnecessary detention allowed currently by the UK procedure a violation of article 5(1)(f)ECHR. A similar conclusion is reached concerning the EU right to an effective remedy, highlighting the short time-limit set by the Government particularly in terms of the appeals procedure, and arguing that it is contrary to the basic principles of EU law. The thesis also highlights other shortcomings within the procedure, pointing to insufficient screening and safeguarding, as well as incorrect use of the set accelerated criteria. The study concludes by noting the general inefficiency of the Home Office to remove failed applicants once the procedure is ended, suggesting that the applicants are often held for a period which is longer than necessary.

Creators: Vicary, Jessica and
Subjects: Human Rights & Development Studies
Law
Divisions: Institute of Commonwealth Studies
Collections: Dissertation
Dates:
  • 16 September 2014 (submitted)

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