Storbritannias appelldomstol har bestemt at myndighetenes bruk av lukkede asylmottak for hurtig uttransportering av asylanter med avslag ikke er lovlig.
Mange asylanter vil nå be seg løslatt og vil anke avslaget.
Dermed fratas innenriksminister Theresa May et viktig instrument for å markere Storbritannias asylregler. Nå blir det kanpt ingen sanksjoner hun var i verktøykassen.
Avstanden mellom domstolene og regjeringen er bemerksesverdig stor.
Failed asylum seekers and others in Britain illegally who are held in immigration removal centres are likely to ask to be released while appealing against the decision not to grant them permission to remain in this country.
In effect, the Home Office will not be able to push illegal immigrants through the deportation process as quickly.
MigrationWatch UK, the pressure group, said it was the “worst possible message” to be sending out after a week in which there were scenes of chaos in Calais as thousands of illegal immigrants attempted to reach Britain.
High Court judges ruled earlier this month the fast track system, which has been in use for a decade, was «structurally unfair».
Lord Green of Deddington, chairman of MigrationWatch UK, said: “This is the worst possible message to be sending out at this time.
“It is extremely regrettable that the government were not given an opportunity to appeal before the fast track system was declared illegal.
“It is vital to any effective removal arrangements.”
He added: “The asylum system already leaks like a sieve.
“The majority of claims are only made on discovery.
“Sixty per cent of all claims then fail, including after appeals, but only half of those whose claims are rejected are actually removed.
“The net result is that, if you get into the UK and claim asylum you have a 75 per cent chance of staying on, legally or otherwise.
“No wonder they are queuing up in Calais.”