The high court has declared the fast-track immigration appeals procedure as unlawful and says the decades old system must be quashed.

The process, which involves detainment and seven days to appeal for immigrants who have been denied asylum in the country is “structurally unfair” and puts them “at a serious procedural disadvantage”, according to Mr Justice Nichol.

He continued to mention seven days is not sufficient enough for lawyers to take instruction, prepare statements, translate documents, make bail applications, arrange expert witnesses and make representations to be taken out of the fast track.

Recent figures show 4,286 asylum seekers were detained in 2013, highlighting a 72% increase than those put through the detained fast track the previous year.

A government spokesperson said: “Detained fast-track is an important part of our immigration system. 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.”

Director of Detention Action, Jerome Phelps said: “But we are shocked and disappointed that a stay has been granted, given that this is an area of law requiring the highest standards of justice and fairness,” he added. “By granting the stay, it appears that the judge considers that the severe potential consequences to asylum seekers, including removal in breach of the refugee convention, are outweighed by the inconvenience to the Home Office and lord chancellor of suspending the process.”

An immigrant who experienced the detained fast track system before being granted refugee status said: “I felt completely helpless throughout my time on the detained fast-track but especially during my appeal,” he said. “It was like fighting someone when they have put you in chains. You cannot move but nothing is obstructing them. What does it say about the British justice system that the fast-track is still up and running?”

The British Refugee Council said the ruling represented “an important step forward in the battle to stop government officials arbitrarily and shamefully imprisoning some of the world’s most desperate people who have simply asked for our protection.”

SU/MH