Appeals: the new IIAA replacing the tribunal
The biggest part of the bill (clauses 1–16): asylum appeals move from the tribunal (First-tier Tribunal) to a new body — the IIAA, where cases are decided by adjudicators, not judges. An IIAA decision can be challenged in only two ways: one internal review, and the Upper Tribunal on a point of law. Plus the "claim notice" — a requirement to set out all your grounds at once, by a deadline. This is not law yet, and nothing changes right now for appeals already under way.
Part 1 belongs to the Immigration and Asylum Bill (introduced 30 June 2026; 2nd Reading — 13 July). For now appeals run as before — in the tribunal. The transition is designed to be phased: the Secretary of State can temporarily keep some cases in the tribunal (clause 15).
What happens today
Asylum and human-rights appeals are decided by the First-tier Tribunal (Immigration and Asylum Chamber) — a judicial tribunal with independent judges, part of the court system under HM Courts & Tribunals Service. Above it sits the Upper Tribunal, then the appellate courts.
What the bill proposes
The IIAA takes over from the tribunal: asylum/human-rights appeals, immigration bail, deprivation of citizenship, EEA/EUSS. It must exercise its function "with a view to ensuring that justice is done" and aim to be accessible, fair, independent, quick and efficient. Cases are decided by adjudicators, appointed by the body's Chief Executive; a senior adjudicator needs at least 2 years' legal practice. The first Chief Executive and the non-executive members are appointed by the Home Secretary. The bill separately obliges ministers not to influence individual decisions (1(6)).
Only two routes: one internal review by the IIAA itself (correct errors, amend the reasons, or re-make — no second review), and an appeal to the Upper Tribunal on a point of law — with permission from the IIAA or the UT. Clause 1(8): IIAA decisions cannot be questioned in legal proceedings any other way.
The Secretary of State sets, by regulations, deadlines within which the IIAA must decide cases, with limited extensions (they do not apply to out-of-country appeals). The Home Office can request in writing that a specific case be expedited — the IIAA must comply unless it is not reasonably practicable or against the interests of justice. Missed deadlines go into the annual report.
A person liable to removal or deportation can be served a notice: by a deadline, provide all reasons, grounds and evidence. Provide anything later — you must explain the delay in writing. It replaces section 120 notices; the old priority removal notice regime and accelerated detained appeals (NABA 2022) are repealed.
Provide information after the claim notice deadline while detained, or after a notice of departure details, and all your appeals are fast-tracked (prioritised over others). That fact is also expressly added to the factors in immigration bail decisions.
The IIAA can charge a party, their representative, or the representative's employee for "improper, unreasonable or negligent" conduct (including failures to act) that wasted the IIAA's resources — details to sit in the Procedure Rules. The IIAA will be inspected by the Chief Inspector of Borders (accessibility of premises, access to technology, quality of adjudicator training), with annual reports laid before Parliament.
Today appeals are decided by judges inside the court system. Under the bill they would be decided by adjudicators of a body whose initial leadership is appointed by the Home Secretary — the very party whose decisions the IIAA reviews. The bill answers with built-in safeguards: a statutory duty on ministers not to influence decisions (1(6)), a Professional Standards Officer with standards and a code of conduct, annual inspections and reports to Parliament.
Whether those safeguards are enough in practice is the main argument around Part 1 in Parliament. The text may change significantly by amendment; we will update this page at every stage.
What to do now
This page explains a bill — it is not legal advice.
- Nothing urgent — the current system applies; appeals run in the tribunal as usual.
- If your appeal is already running, keep working with your representative as normal.
- For advice on your own case — a regulated adviser: iaa.gov.uk. Free help — /en/lawyer.
- A general principle the bill only reinforces: put forward all your grounds and evidence as early as possible — late submissions already hurt a case today, and under the new regime they would trigger a fast-tracked hearing.
Frequently asked questions
What is actually being proposed?
A new body — the Independent Immigration Appeals Authority (IIAA) — taking over the cases the tribunal (First-tier Tribunal) decides today: asylum and human-rights appeals, immigration bail, deprivation of citizenship, and EEA/EUSS appeals. This is Part 1 of the bill, clauses 1–16.
Is this law already?
No. The Immigration and Asylum Bill was introduced to the Commons on 30 June 2026; 2nd Reading (the first debate and vote) is scheduled for 13 July 2026. For now, appeals run as before — in the tribunal. Even after enactment the transition is phased: the Secretary of State can keep some categories of cases in the tribunal during the transition (clause 15).
My appeal is already running — does this affect me?
Right now — no: nothing is in force. How ongoing cases would be moved will be set by separate rules and transfer schemes (clauses 14–15); the bill expressly allows arrangements so that all of one person's cases are heard by the same body. We will update this page when the transition rules appear.
Who will decide cases instead of judges?
IIAA adjudicators. They are not judges: they are appointed by the body's Chief Executive. A "senior adjudicator" must be a lawyer with at least 2 years' practice (or comparable experience). The first Chief Executive and the non-executive members (the Chair and the Professional Standards Officer) are appointed by the Home Secretary. The bill also states (clause 1(6)) that every minister must uphold the IIAA's independence and must not seek to influence its individual decisions.
Can an IIAA decision be challenged?
Two routes — and only these (clause 1(8)): 1) the IIAA itself can review its own decision once — correct errors, amend the reasons, or re-make it (clause 6); 2) an appeal to the Upper Tribunal — only on a point of law and only with permission from the IIAA or the Upper Tribunal (clause 7). The bill expressly closes other ways of questioning IIAA decisions.
What is a claim notice?
A notice that can be served on a person liable to removal or deportation (clause 11): by a deadline, set out ALL your reasons to stay, all grounds and all supporting evidence — at once. Anything provided after the deadline must come with a written statement explaining why it was late. It replaces current section 120 notices and repeals the old priority removal notice regime.
What happens if I provide grounds late?
If you respond after the claim notice deadline while detained, or after being given a notice of departure details, all your appeal proceedings enter the "late claims process" (clause 12): they must be prioritised and dealt with faster than other appeals. That fact is also added to the list of factors in immigration bail decisions.
Can they make me pay for an appeal?
There is no filing fee in the bill. But under clause 10, if the IIAA considers that a party, their representative, or the representative's employee acted "improperly, unreasonably or negligently" (including by failing to act) and the IIAA's resources were wasted as a result, it can charge that person an amount. The details will sit in the future Procedure Rules.
Will it be faster?
That is the design: the Secretary of State will set, by regulations, deadlines within which the IIAA must decide cases (clause 8), with limited extensions. The Home Office will also be able to request in writing that a specific case be expedited — and the IIAA must comply unless it is not reasonably practicable or against the interests of justice (clause 9). The deadlines do not apply to out-of-country appeals. Real speed will depend on the new body's resources.
What should I do now?
Nothing urgent — this is a bill; the current system applies. If your appeal is running, keep working with your representative as usual. For advice on your own case, see a regulated immigration adviser (check at iaa.gov.uk). We will update this page at every stage.