The British government has succeeded in overturning a ruling that their controversial policy of keeping asylum seekers in detention centres was against human rights.
Home Secretary David Blunkett reacted with dismay when the High Court last month threw into disarray the entire fast-track immigration policy designed to cut the backlog of more than 100,000 undecided asylum applications.
Lord Goldsmith QC, the Attorney General, had appeared in person at the Court of Appeal earlier this month to argue that human rights legislation did not affect the government's attempt to operate "tough but fair" immigration controls.
Mr Justice Collins had held that to impose detention just to speed up the determination of claims, when there was no threat of asylum seekers absconding and attempting to enter the country illegally, breached human rights laws.
Lord Goldsmith had told the Master of the Rolls, Lord Phillips, and Lords Justices Schiemann and Waller that if detention was limited to those who may abscond, it would be "a serious matter of concern".
"It would prevent detention at Heathrow or any port of entry to decide the claim of a claimant or to determine whether that claimant might be a risk to the public."
He said the intention of the Home Secretary was justifiable, detention was within the scope of what was intended by Parliament and it was therefore not an issue for the courts to adjudicate.
PA