THE government suffered another humiliating defeat yesterday as the High Court found that its fast-track asylum applications appeal system was unlawful and must be scrapped.

It was a bitter blow for the Tories, who campaigned on a rabidly anti-immigration platform at the election.

But Mr Justice Nicol ruled that the system, which has been in use for a decade to speed up the processing of asylum claims, was structurally unfair.

“What seems to me to make the fast-track rules structurally unfair is the serious procedural disadvantage which comes from the abbreviated timetable and curtailed case management powers, together with the imposition of this ­disadvantage on the (asylum-seeker),” he said.

He said the system must be replaced, but put a stay on his order to give Justice Secretary Michael Gove time to take his decision to the Court of Appeal.

The judgement follows a previous ruling, last December, at the Court of Appeal which found that part of the fast-track system was unlawful.

That ruling meant that the Home Office had to release asylum-seekers detained in the fast-track system who had appeals pending and showed no risk of absconding.

Charity Detention Action, founded in 1993 to support and campaign on behalf of individuals held in immigration detention, hailed yesterday’s ruling as a landmark victory.

“Many asylum-seekers on the detained fast track are confused and distressed,” the group said in a statement.

“Held in conditions equivalent to a high-security prison, they struggle to understand a complex procedure in an unfamiliar and hostile environment in which clear information is not always easily available.

“Such circumstances pose considerable obstacles to asylum-seekers’ ability to engage effectively with the asylum process.

“Time is always against the asylum-seeker on the detained fast track.”

The Ministry of Justice said it was disappointed by the judgement and would appeal.

The “detained fast-track is an important part of our immigration system,” a spokesman said.

“It contributes significantly to the speed and effectiveness with which asylum cases are processed, including swiftly removing those found not to be in need of protection, and saves the taxpayer money.”