World Immigration News

Limited further details on new asylum and immigration appeal system emerge

Release Date
2026-01-15
Media
Free Movement
Summary
The article argues that the UK government’s plans to replace the current immigration and asylum appeals system with a new “independent” appeal body remain vague and poorly developed. Although the reform was formally announced on 17 November 2025 without consultation and with the judiciary notified only 24 hours in advance, there is still little clarity on timelines, transitional arrangements, or operational detail beyond broad principles.

It portrays the project as driven primarily by the Home Office, with the Ministry of Justice playing only a limited, supportive role focused on managing the transition, which raises doubts about how independent the new body will be. The author suggests the reform’s main objective is to widen the recruitment pool for decision-makers by lowering or loosening qualification requirements, potentially allowing not only practicing lawyers but also people with “equivalent” legal experience, though the new minimum standards have not been specified.

While the right to appeal on an error of law to the Upper Tribunal would remain and the new body would cover both immigration and asylum appeals, the author warns that broader eligibility for adjudicators could increase legal-error appeals and undermine the stated goal of speeding up decisions. The piece also flags concerns about access to legal representation and funding, hints at renewed efforts to make appeals a “one-stop” process, and notes plans for fast-tracking claims from safe countries and prioritising certain cases on public-interest grounds.

Overall, it concludes that the reform risks becoming a costly, protracted institutional upheaval that could have been addressed through improvements within the existing system—especially better initial decision-making and earlier access to legal advice—without necessarily reducing the tribunal backlog.
Tags
United Kingdom