Government promises transitional period for new immigration appeal timeframes under Border Security Bill

The Government has published its response to the House of Lords Constitution Committee's June 2025 report on the Border Security, Asylum and Immigration Bill. In its brief report, the Committee raised a number of concerns over the Bill, the feasibility and impact of introducing statutory timelines for asylum and immigration appeals.

Image credit: UK GovernmentThe Constitution Committee noted that Clauses 46 and 47 of the Bill would introduce a statutory 24-week timeframe for certain asylum and deportation appeals, compared with the current average of around 50 weeks. While recognising Government efforts to improve efficiency, the Committee expressed concern about whether such deadlines were achievable given the significant existing backlog in the First-tier Tribunal (Immigration and Asylum), and warned that prioritising these cases could have a detrimental impact on other appeals. It called on the Government to provide more detail on how the timeframes would be implemented and their effect on non-prioritised cases.

Lord Hanson of Flint responded to the Committee on behalf of the Government this week and defended the Bill's provisions as justified. The 9-page response can be downloaded here.

With regard to the Committee's concerns over Clause 46 and 47's changes to the appeals process, the Government emphasised in its response that the introduction of a 24-week statutory timeline would not undermine the Tribunal's duty to deal with cases fairly and justly. The response stressed that case management remains a judicial function, with safeguards in place to protect access to justice.

For further reassurance, Lord Hanson explained that the statutory timelines for appeals would be introduced after a transitional period. He stated: "[T]hese provisions will not apply immediately following Royal Assent of the Bill. There will be a period of implementation and operationalisation, during which Home Office officials will continue to work with the MoJ and His Majesty's Courts and Tribunal Service (HMCTS) to ensure the Tribunal's readiness over the coming months."

Lord Hanson continued:

"All cases will continue to be subject to the Tribunal's overriding objectives, contained in the Tribunal Procedure (First-Tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, which provide that cases should be dealt with fairly and justly, including by avoiding delay, so far as is compatible with proper consideration of the issues in the case.

"Moreover, while I expect that the statutory timeframe clauses will impact on the timeliness of cases which do not fall within its scope, the Government will continue to work with the MoJ and HMCTS to ensure that all appeals are decided as quickly as possible, and to explore further options for reform.

"I should stress that these provisions form part of the Government's wider work with the MoJ to deliver a sustainable appeals system which is fair, efficient, enables system savings, and allows us to achieve faster returns of foreign national offenders and removable failed asylum seekers. A system that can secure public confidence."

The Government says the current average delay of around 50 weeks for Tribunal appeals is both costly for the taxpayer and detrimental for the individuals concerned, hence the need for Clause 46's shorter timeframe for determining appeals brought by asylum seekers receiving accommodation support.

Defending the Bill's Clause 47 on the timeframe for determining appeals brought by non-detained appellants liable to deportation, Lord Hanson said the Government was resolutely committed to ensuring appeals brought by foreign criminals are swiftly concluded, as it was in the public interest for them to be deported if their appeal fails.

In concluding, Lord Hanson added with regard to Clause 46 and 47: "I anticipate that both measures will increase the number of supported and non-detained foreign national offender appeals disposed of by the Tribunal annually. In turn, I expect this to lead to a higher rate of exits from hotels, an easing of pressure on the public purse, and reassurance to the public that deportation of foreign national offenders in the community will be achieved as quickly as possible."