Concern within government over immigration cases is driving change to the handling of asylum appeals, currently dealt with by the tribunal system. Ministers plainly wish to speed up the legal process and, presumably, achieve earlier deportation of those whose claims are rejected. Fuller details of the government's plans will be announced in the autumn. Meanwhile, it is worth noting some of the early expressions of concern. First, let's briefly look at the existing tribunal system.
The system of Courts and Tribunals in England and Wales is well-described by the Incorporated Council of Law Reporting for England and Wales (ICLR) - The Courts and Tribunals of England and Wales.
First-tier Tribunal
The First-tier Tribunal (FTT) and Upper Tribunal (UT) form a unified tribunals system established under the Tribunals, Courts and Enforcement Act 2007 (TCEA).
The TCEA also established the Tribunals judiciary with its own unified hierarchy under the Senior President of Tribunals.
The First-tier Tribunal sits in seven different chambers, dealing with various administrative disputes:
- General Regulatory Chamber
- Health, Education and Social Care Chamber
- Immigration and Asylum Chamber
- Property Chamber
- Social Entitlement Chamber
- Tax Chamber
- War Pensions and armed Forces Compensation Chamber
Upper Tribunal
The Upper Tribunal hears appeals from the First Tier Tribunal, but divides these among only four different chambers.
- Administrative Appeals Chamber
- Immigration and Asylum Chamber
- Lands Chamber
- Tax and Chancery Chamber
Immigration and Asylum
The First-Tier Tribunal has the Immigration and Asylum Chamber and the Upper Tribunal also has a Chamber dedicated to hearing appeals from the First-Tier.
The Upper Tribunal is a superior court of record of equivalent status to the High Court of England and Wales.
There can be appeals on points of law from the Upper Tribunal to the Court of Appeal (Civil Division). A further appeal to the Supreme Court of the UK is possible in some cases.
The government and immigration
With daily images of small boat arrivals and migrants housed in hotels, the Labour government is under severe and relentless political pressure to deal with immigration. In May 2025, a White Paper was published headed Restoring Control Over the Immigration System. This is an area where the government is an easy target for political parties such as Reform UK.
Immigration statistics are published - Statistics for the Year Ending June 2025 - showing, for that year, 49,000 detected irregular arrivals including 43,000 small-boat arrivals. Those arriving by small-boat generally lodge claims for asylum. The statistics show 111,000 such claims in the year ending June 2025.
Appeals
The government has recently proposed making reforms to the tribunal system to speed up the rate of asylum decisions - UK government 24 August 2025. A new independent body will be established to deal with asylum appeals more quickly and it will be made up of independent professional adjudicators.
The proposals, driven jointly by the Home Office and Ministry of Justice, will reduce the number of asylum appeal cases in the system by ensuring cases awaiting decision can be heard faster, in turn reducing the backlog and creating a more efficient system. They are driven by serious concerns among Ministers that existing measures including increased investment in court sitting days are not delivering the pace of change needed to clear the asylum appeal backlog.
The new body will be fully independent of government with safeguards to ensure high standards and is expected to use the expertise of independent professionally trained adjudicators focusing particularly on asylum appeals, and will allow capacity to be surged so cases can be cleared. It will have statutory powers to prioritise cases from those in asylum accommodation and foreign national offenders.
The government will set out further details of plans to fast-track cases in the asylum system this autumn.
Lessons are also being learned from other European countries who have faster appeal systems including countries which run independent appeal bodies rather than absorbing appeals entirely into the main courts and judicial systems.
Comment
An article in The Law Society Gazette has expressed concerns by some solicitors practising in this area of law. They see a risk to fairness and independence with speed coming at the expense of justice.
'Tribunal judges bring vital expertise in assessing complex evidence, credibility and human rights law. Replacing them with a new tier of decision-makers designed to accelerate removals sends the wrong message; that efficiency is valued above safeguarding people’s fundamental rights. Any reform should focus on resourcing the existing tribunal system properly, not hollowing it out.’
Obviously we must now await the fuller details of the government's proposals but some obvious questions arise including
- where will the independent professionally trained adjudicators come from,
- what qualifications will be required for appointment,
- what training will they receive.
- what lessons are being learned from other European countries
- how will the proposal meet Article 6 obligations which requires that - In the determination of his civil rights and obligations… everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Links
May 2025, White Paper on Immigration.
Migration Advisory Committee (MAC) published information on NET migration - May 2025
Media
The Guardian 1 September 2025 - UK to make it harder for refugees to bring family members to country
Addition 2 September 2025
Hansard 1st September - Borders and Asylum - Statement by the Home Secretary
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