Tribunal reminds practitioners that new 24-week timeframe for certain immigration and asylum appeals begins this week

In a letter circulated to legal practitioners, HM Courts & Tribunals Service (HMCTS) has confirmed and reminded practitioners that a new 24-week statutory timeframe for determining certain immigration and asylum appeals in the First-tier Tribunal (Immigration and Asylum Chamber) will come into force this Wednesday, 12 August.

The timeframe will apply to qualifying appeals lodged from that date.

Sections 49 and 50 of the Border Security, Asylum and Immigration Act 2025 come into force on that day, being brought into force by the Border Security, Asylum and Immigration Act 2025 (Commencement No. 5) Regulations 2026.

According to the explanatory notes of the commencement regulations, sections 49 and 50 introduce timeframes for the determination of certain appeals under section 82 of the Nationality, Immigration and Asylum Act 2002. Section 49 applies where an appellant is receiving accommodation under section 95 or section 98 of the Immigration and Asylum Act 1999. Section 50 applies where an appellant is not detained but has been convicted of an offence and is liable for deportation under section 3(5)(a) of the Immigration Act 1971.

In both cases, the Tribunal must, except where it considers that it is not reasonably practicable to do so, determine the appeal within 24 weeks of the appeal being lodged. The timeframe does not apply, or ceases to apply, where the appeal must be brought or continued from outside the UK.

HMCTS said it had made operational changes to identify qualifying appeals and manage them within the new timeframe.

The letter states: "We have made some changes to our operational systems and processes to manage these cases more efficiently. … We have taken steps to improve our verification of appeals following submission. The Tribunal will use the unique reference number from the Home Office refusal letter to recognise in-scope appeals on the date they are lodged. Please ensure you enter this reference number and any biometric data accurately when submitting an appeal. Appeals that are lodged without the core information required under rule 19 are likely to be returned to the Appellant. Hearing dates for in-scope appeals will be scheduled from the outset. This will support more predictable timetables and help ensure cases can be determined within 24 weeks where reasonably practicable."