Recent and Upcoming Changes to the Immigration Appeals Process

The UK Government is planning to introduce significant reforms to the First-Tier Tribunal of the Immigration and Asylum Chamber, aimed at streamlining the immigration appeals process and reducing the backlog of cases before the Tribunal. The changes have been introduced by the Immigration and Asylum Bill, published on 30 June 2026, and amendments to the Border, Security, Asylum and Immigration Act 2025. 

Two particularly significant changes to the appeals process include the introduction of a statutory 24-week timetable for certain immigration appeals and the proposed creation of the Independent Immigration Appeals Authority (IIAA) to replace the existing First-Tier Tribunal. 

The statutory 24-week timetable for certain immigration appeals came into force on 12 August 2026. However, the Immigration and Asylum Bill has not yet been passed into law, and therefore the establishment of the IIAA remains a proposed reform, and the IIAA has not yet been formed. 

24-Week Statutory Timetables 

The provisions to introduce the 24-week timetable to certain types of immigration appeals were passed on 12 August 2026 with the amendment of the Border, Security, Asylum and Immigration Act 2025. A new 24-week statutory timetable is now applied to certain types of immigration appeals, with the aim of reducing the significant backlog of cases within the Immigration and Asylum chamber. 

The changes are limited to two specific types of cases: 

1. Appellants in receipt of Home Office accommodation support; and 
2. Appeals brought by non-detained appellants liable to deportation.

This will have the biggest impact on asylum appeals and deportation cases. Cases out with this scope will not be subject to the statutory 24-week timetable, and therefore the impact of these changes on the current backlog may be negligible. 

Under the new system, appeals within the scope of the Border, Security, Asylum and Immigration Act 2025 are issued with a hearing date as soon as the appeal is lodged. Appeals are then to be concluded within 24 weeks unless it is considered unreasonable to conclude within this timeframe. 

Under the existing system, appeals are progressed through a series of procedural directions. Once an appeal is lodged by the appellant, the Home Office is required to lodge their documents, then the appellant lodges theirs. The Home Office will then be directed to review their documents before a date can be issued for the appeal hearing. The entire process can take more than a year. 

Independent Immigration Appeals Authority 

On 30 June 2026, the UK government published the Immigration and Asylum Bill. The Bill makes provisions for the creation of the Independent Immigration Appeals Authority (IIAA) to replace the current system. These changes will not come into force unless the Bill is passed into law.  

The new IIAA is to “have regard to the public interest, and in particular the fact that the IIAA operates as a key part of the immigration and asylum system”. Decisions are to remain independent but integrated into the immigration and asylum system to ensure prompt removal of those whose appeals are ultimately unsuccessful. The proposals set by the Bill have been widely criticised.

Under the new system, judges are to be replaced by two types of adjudicators, senior adjudicators and executive adjudicators. Senior adjudicators must be legally qualified, as in the current system. However, executive adjudicators need not be. The Secretary of State is to appoint the heads of the IIAA directly. 

The IIAA will be able to review their own decisions, but decisions can be appealed to the Upper Tribunal on a point of law. The Home Secretary will be able to request expedition of cases where they deem it to be in the public interest. 

The introduction of the IIAA is expected before the end of 2027. However, it remains uncertain whether these changes will be effective in clearing the existing backlog. 

If you would like advice or assistance in relation to an appeal, please do not hesitate to contact us. One of the experienced solicitors in our immigration team will be happy to assist you.