The Home Office recently closed its call for evidence on the establishment of a new Independent Appeals Body, part of wider reforms to the UK asylum system. The deadline, which had been extended to 6 May 2026, has now passed. The responses received will inform the legislation laying the groundwork for the new body, and will support decisions regarding its governance, processes and operational arrangements.

Written by Victor Falcon Mmegwa
The plan to replace the First-tier Tribunal (Immigration and Asylum Chamber) with a new appeals body was first announced last year. The call for evidence formed a crucial part of that process, seeking insights, expertise and practical experience from practitioners such as Lisa’s Law Solicitors, experts, representative organisations and all those who engage with the appeals system. The evidence gathered will help shape the development of the new Independent Appeals Body and ensure it is designed to meet the needs of those who will rely on it.
This Call for Evidence was structured around seven themes where further evidence was considered particularly valuable:
- Access to Justice, Fairness and Procedural Safeguards.
- Expert Evidence and Country Information.
- Adjudicator Recruitment, Eligibility, Impartiality and Training.
- Case Management Models.
- Hearing Methods, Digital Processes and Efficiency.
- Compliance, Engagement, Timeframes and Prioritisation.
- Accountability, Transparency and Oversight.
The new Independent Appeals Body
The new Independent Appeals Body must be designed to operate effectively within the end to end immigration and asylum system, supporting timely and fair decision-making while upholding individuals’ rights and maintaining the integrity of the system. It will need to provide sufficient capacity to manage demand, with the flexibility to adjust resources as the mix and volume of cases change.
A central requirement is that individuals have access to a fair and effective remedy to challenge the refusal of an immigration and asylum case. In practice, this means ensuring the new Independent Appeals Body:
- has capacity to dispose of an appeal within a reasonable timeframe;
- is suitably staffed by professionally trained adjudicators, with safeguards to ensure high standards (decisions on appeals will remain fully independent);
- enables access to translators and legal advice or representation;
- can prioritise cases as required by the wider public interest; and
- can issue final decisions (although the right to apply for permission to appeal to the Upper Tribunal on points of law will be preserved).
The Home Office have stated that the new Independent Appeals Body must comply with the principles of the rule of law, procedural fairness and impartiality. This includes ensuring:
- all parties are subject to fair, accessible and consistent processes, and are answerable to the same set of processes and laws;
- parties have equal and effective access to the body, and can effectively navigate the appeals process and resolve disputes; and
- decision-makers approach each case with an open mind, assess evidence objectively and apply the law without fear or favour.
The proposal
The First Tier Tribunal (FTT) currently has an open caseload of 139,000, with means the clearance times of 58 weeks is now nine weeks longer than the same period a year ago. The government’s position is that incremental fixes cannot meet demand.
The new Independent Appeals Body will appoint and train its own cohort of independent adjudicators, with qualification and experience requirements designed to ensure fairness, competence and credibility. While some adjudicators may bring legal expertise, the majority will not need to meet the level of legal training or judicial experience currently expected of the FTT immigration judges.
Although decision-making will be independent, the new Independent Appeals Body must operate in a way that is fully integrated with the end to end immigration and asylum system. This includes maintaining the ability to adjust to peaks and troughs in case intake, supporting a more resilient system overall, and ensuring the appeals process is faster but remains sufficiently robust.
The new Independent Appeals Body will also need to interact efficiently with other parts of the system, including the Home Office decision-making structures and the Upper Tribunal, ensuring a clear route for onward appeal on points of law and supporting streamlined progression of cases across the system.
Our thoughts
We welcome the Home Office proposals for an Independent Appeals Body.
Asylum and immigration decisions can involve complex evidence and high stakes such as risk of persecution or family separation. An independent body provides a second look, catching mistakes or misinterpretations made in initial decisions. Therefore, this proposal reduces errors in life-changing decisions
We also believe the new body will bring greater consistency and precedent to how laws are interpreted, leading to more even outcomes over time. Additionally, the knowledge that decisions can be reviewed by an independent body is likely to encourage more careful and thorough initial decision-making by Home Office caseworkers.
Now that the evidence-gathering phase has concluded, we look forward to seeing how the responses – including our own – shape the legislation and operational design of the new body.
In the meantime, we are currently assisting a number of applicants on appeals matters for asylum and immigration cases. Early instruction of a solicitor can make a significant difference, either by increasing the likelihood of a decision being overturned at the initial stages of an appeal or by ensuring your case is thoroughly prepared should the matter proceed to Tribunal.
If you would like to arrange a consultation, please contact our office and we will be pleased to help.
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