Shabana Mahmood responds to request for information by Commons Justice Committee
In a letter to the Chair of the Commons Justice Committee yesterday, Home Secretary Shabana Mahmood has set out further details of the Government's plans to reform the asylum and immigration appeals system.
The letter, which you can read in full below or download here, responds to questions raised by the Committee following November's major policy statement Restoring Order and Control: A statement on the government's asylum and returns policy.
In the correspondence, the Home Secretary addresses concerns about rising asylum appeal backlogs and outlines the Government's intention to replace the Immigration and Asylum Chamber of the First-tier Tribunal with a new independent appeals body. She argues that existing structures are unable to cope with the scale of demand and that fundamental reform is needed to improve speed and efficiency while maintaining fairness and independence.
The letter covers a range of issues including staffing and recruitment of adjudicators, funding arrangements, legislative plans, access to legal representation, and proposals for a single appeal route. It also sets out transitional arrangements, under which the current tribunal would continue to hear cases during a phased move to the new system. The Home Secretary notes that appellants will retain the full right of onward appeal to the Upper-tier Tribunal on points of law.
The full text of the Home Secretary's letter to the Justice Committee is reproduced below.
Home Secretary
2 Marsham Street
London SW1P 4DF
www.gov.uk/home-office
Andy Slaughter MP
Chair, Justice Committee
House of Commons
Palace of Westminster
Westminster
SW1A 0AA
13 January 2026
Asylum and Returns Policy Statement
Thank you for your letter dated 25 November in response to my statement, Restoring Order and Control: A statement on the government's asylum and returns policy, delivered to the House on 17 November. I welcome your interest and the opportunity to provide clarity on the questions you raise.
I have grouped my responses to your questions by topic:
First-tier Tribunal Immigration and Asylum Chamber (FTT-IAC) – Q1, 10 and 11
The immigration and asylum appeal system has seen significant increases in demand in recent years, with the asylum appeals caseload increasing from 7,000 in early 2023 to more than 51,000 at the end of March 2025. The Deputy Prime Minister and I are grateful for the vital work that the FTT-IAC is delivering and for continuing to invest in its capacity through additional sitting days and judicial recruitment. Despite that, the scale and nature of the current asylum appeals caseload cannot be sustainably managed within the statutory and structural limits of the FTT-IAC. Our assessment is that fundamental reform is required to create a system capable of handling caseload volumes at speed while maintaining fairness and independence. That is why this Government is taking bold action to reform the immigration and asylum system. We are starting afresh with an independent appeals body which will offer increased and more flexible capacity and an enhanced ability to prioritise cases in the public interest. During a phased transition, the FTT-IAC will continue to hear existing appeals to ensure continuity for the appellants and the judiciary and to ensure backlogs are addressed as quickly as possible.
Adjudicators / Staffing – Q2, 3, 4 and 5
All members of the new independent appeals body will have the required training and decision-making expertise to make determinations on appeal cases and will possess a range of skills and experiences. The widening of the recruitment pool in comparison to the current system will help us to recruit a greater number of adjudicators than there currently are judges in the FTT-IAC, thereby boosting capacity to make decisions swiftly. We will ensure that there will be strong safeguards in place to ensure high standards, that those making decisions in the independent appeals body will be entirely independent of the executive, and will be free to provide appropriately robust scrutiny of Home Office decisions. My intention is that the design of the system will give Parliament a formal role in scrutinising the effectiveness and productivity of the new body. I will share further details on the specific recruitment process and eligibility criteria for adjudicators in due course.
Funding – Q6 and 7
Funding for the new independent appeals body will be met from within existing departmental budgets, but costs will ultimately be outweighed by the savings in asylum support, hotels and the ongoing burden of high-harm offenders living in the UK who shouldn't be. As referenced above, the Deputy Prime Minister and I have already taken major steps to increase the capacity of the FTT-IAC.
Legislation – Q8 and 9
This Government is working at pace on the legislative and policy changes required to establish the independent appeals body. The independent appeals body will ultimately hear all case types. We are considering implementation options and transitional arrangements carefully. At this stage, I expect that the new body will take responsibility for cases in a phased approach to ensure that it can cope with demand. The FTT-IAC will continue to deal with the case types yet to be extended to the new body. I will share more detail on all of this in due course.
Legal representation Q12 and 13
Legal advice helps ensure all matters relevant to a claim are properly considered so that cases move through the system efficiently, which is why we will ensure early legal advice is embedded as a core part of these reforms. The reforms I am introducing to the asylum and appeals system, including the development of the new independent appeals body, will ensure asylum seekers continue to have access to justice. We are considering the appropriate arrangements for ensuring those who claim asylum have access to legal advice to bring their claim before a right of appeal is heard, and that all matters relevant to their claim are properly considered. We will work closely with the Ministry of Justice to understand and manage the justice impacts of all proposals, including ensuring early legal advice is available. I will share more detail on proposals in due course.
One claim, one appeal Q14, 15 and 16
The independent appeals body will be designed with the end-to-end immigration system borne in mind. It will ensure that cases are heard quickly and decisions are acted upon as quickly as possible. Moving to a single appeal route will ensure that all relevant matters are raised and considered, supported by early legal advice so that appellants understand their rights, and ensuring late first time claims do not suspend removal. Appellants will retain the full right of onward appeal to the Upper-tier Tribunal on points of law as is the case today.
The Border Security, Asylum and Immigration Act introduced statutory timeframes for appeals to the FTT-IAC, from those in supported accommodation or who are a non-detained foreign national offender, to be decided within 24-weeks where practicable. The new independent appeals body will be staffed so it can be scaled-up as needed and can prioritise some cases ahead of others where the public interest is a factor. Accelerated timeframes will allow late claims brought at or shortly before removal to be resolved swiftly, whilst preserving safeguarding for vulnerable individuals, ensuring complex protection claims receive the time and scrutiny required. A fast-track will operate for people coming from safe countries, meaning straightforward cases will no longer be stuck in the queue behind complex ones.
Thank you again for your letter and I would welcome further engagement with the Committee as plans progress.
Rt Hon Shabana Mahmood MP