Senior President of Tribunal’s annual report highlights abuse of judges and increasing workloads in Immigration and Asylum Chamber

Courts and
Tribunals Judiciary

Senior President of Tribunals' Annual Report

2025

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Introduction

This is my first report as Senior President of Tribunals that I have presented to the Lord Chancellor. I welcome the opportunity to reflect on the few months since I was appointed on 1 August 2025, and to report on the year as a whole.

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On Sunday 24 August 2025 the Home Office announced that it would establish a body of assessors to take decisions on asylum appeals. Since the announcement was made, we have been told that the Home Office intend to have some appeals heard by the body of assessors in 2027. Legislation will be required to effect any changes but there are, as yet, no drafts of any legislative provisions.

The Tribunals hear and rule on some of the most contentious issues of the day. These cases are often and rightly reported widely and are subject to comment and debate. All of this is fundamental to open justice and a properly functioning democracy. However this year, some judges have been subject to unwarranted media commentary, particularly in the First-tier Tribunal (Immigration and Asylum Chamber) (FTT(IAC)) and the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC). In comments made below articles, some judges have been subjected to abusive language and explicit discriminatory abuse. The Lady Chief Justice and I have been working to deal with inaccurate reporting. The Security Taskforce, established by the Lady Chief Justice, has been taking steps to address issues of security for judges. There has also been much hard work with UTIAC, FTT(IAC) and HMCTS on security issues.

In the meantime the judges in FTT(IAC) have been working hard to deal with the substantial increase in workload following a surge of decision-making by the Home Office, and I am very grateful to the salaried and fee paid judges for all their hard work during this uncertain time. Judge Elena Feeney (acting Chamber President of FTT(IAC)) has worked on a pilot to ensure that FTT(IAC) is able to meet proposed statutory time limits under section 49 of the Border Security, Asylum and Immigration Act 2025 (inserting a new section 86A into the Nationality, Immigration and Asylum Act 2002) for those receiving accommodation support.

Backlogs

This increase for work in FTT(IAC) leads me on to what is one of my priorities, namely dealing with backlogs. There have been rising caseloads in a number of Chambers, and work is being done in particular to address backlogs in: FTT(IAC); the Employment Tribunals; Social Security and Child Support (SSCS) as part of the Social Entitlement Chamber (SEC); and Special Educational Needs and Disability (SEND), as part of the Health Education and Social Care Chamber (HESC). Legislative changes under the proposed Employment Rights Bill 2025 and the Renters' Rights Act 2025 are likely to increase the workloads, on a permanent basis, in the Employment Tribunals and in the First-tier Tribunal (Property Chamber) (FTT (Property)).

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Lord Justice James Dingemans
Senior President of Tribunals

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Upper Tribunal

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Immigration and Asylum Chamber

President: Mr Justice Lavender

The jurisdictional landscape

The workload within the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC), in terms of both statutory appeals and also judicial review, has remained manageable during the current year. It appears very likely that those workloads will increase significantly as a result of increased volumes of appeals being determined by the First-tier Tribunal (Immigration and Asylum Chamber) arising from government initiatives bringing increased volumes of work into the tribunals. The jurisdiction continues to give rise to legal and factual issues of particular complexity. Whilst there have been a significant number of important reported cases within UTIAC in the last year, notable examples are as follows. The case of Vargova v SSHD [2024] UKUT 00336 addressed the correct interpretation and application of the Withdrawal Agreement in relation to deportation cases. The case of R (on the application of EK and Others) v SSHD (Rule 17 Withdrawal) [2025] UKUT 00089 (IAC) addressed in detail the circumstances in which it could be appropriate to refuse consent for the withdrawal of a claim for judicial review. In R (on the application of Gurung) v SSHD (ACRS meaning – policy interpretation principles) [2025] UKUT 00090 (IAC) a Presidential panel considered the correct legal approach to the interpretation of policy in an immigration context and, in particular, the Afghan Citizens Resettlement Scheme. The correct approach to procedural fairness and the evidential flexibility policy, a topic with widespread practical implications in this sphere, was dealt with comprehensively in R (on the application of Ganeshamoorthy) v SSHD (Evidential Flexibility; Administrative Review Gateways) [2025] UKUT 00229 (IAC). UTIAC has continued to engage with the jurisprudence related to the nature of an appeal in deprivation cases with the most recent clarification of the approach contained in the case of Laci v SSHD [2025] UKUT 00230. UTIAC's practice of publishing decisions on its gov.uk webpage continues.

In order to make best use of judicial resources, and to support the work of the First-tier in dealing with significant increases in volumes of new cases, judges from UTIAC have been regularly sitting in the First-tier Tribunal IAC after assignment by the Senior President of Tribunals. The work of UTIAC continues to be supported by our able team of Deputy Upper Tribunal Judges.

Following an extensive EOI exercise there has been a significant rearrangement of responsibilities in many quarters within UTIAC. Upper Tribunal Judge Frances stepped down as a training judge and we are all very grateful for the hard work which she devoted to the very extensive training responsibilities which she took on during her term of office. She is replaced by Upper Tribunal Judge Landes who will continue this important work with Upper Tribunal Judge O'Callaghan. Upper Tribunal Judges Kamara and Keith joined the Principal Resident Judge team as Deputy Principal Resident Judges alongside Upper Tribunal Judge Mandalia. Other colleagues have joined to assist in the work activities which support our Diversity and Inclusion initiatives as well as our legal research and international activities.

Diversity, inclusion and wellbeing

The energetic activities of the Diversity and Inclusion Committee chaired by Upper Tribunal Judge Bruce has continued during the course of this year. Most recently, at a very successful Strategy Day, important work was undertaken to refresh and renew UTIAC's Diversity Strategy for the coming years. The outreach programme to students has given rise to many successful events and the opportunity for a significant number of students to experience the work which we undertake. Diversity and Inclusion is the "golden thread" running through all of the judge-made in-house training, including the work of the Strategy Day. Key feedback from the Strategy Day, reflected in the Judicial Attitude Survey, is that in recent years there has been a very positive culture change, including, for instance, a complete overhaul of the way in which complex or high-profile cases are identified and allocated so as to ensure a fair, even and transparent distribution of the chamber's work. Upper Tribunal Judge Kamara became a founder member of the UK Association of Black Judges which was recently launched at an event at the Supreme Court as an important new diversity initiative.

After several years of committed service, Upper Tribunal Judge Norton-Taylor has stepped down as chair of the Welfare Committee to be replaced by Upper Tribunal Judge Owens. The work of the committee is invaluable in supporting the wellbeing of the UTIAC judiciary, establishing strong and supportive relationships between colleagues which has proved invaluable with the significant media coverage of our work.

People and places

UTIAC continues to support and grow its presence outside London in the various regional centres supported by the work of Upper Tribunal Judge Mandalia and the Liaison Judges in each of the regions. Both in London and in the regions, UTIAC has the invaluable benefit of highly dedicated and professional staff and legal officers who are instrumental to ensuring that the judges can efficiently handle our caseload. We have received visitors at Field House including delegations from Australia. Recently, we have welcomed MPs to Field House, providing judges and staff with the opportunity to explain the important work which UTIAC undertakes.

During the course of the last year we have been joined by a significant number of newly appointed salaried and Deputy Upper Tribunal Judges who are already making a tremendous contribution to dealing with our workload as well as joining in and supporting the life of UTIAC. We have been delighted to welcome them into the UTIAC family and hope that they will find the challenge of their new role stimulating and rewarding.

This year has seen the retirements of a number of distinguished judicial colleagues who have provided many years of dedicated service to UTIAC. Deputy Principal Resident Judge Gleeson, whose distinguished career included a high profile in international circles, recently retired along with Upper Tribunal Judge Lesley Smith, who as well as being a distinguished public lawyer brought procedural rigour to bear in age assessment cases. They will be greatly missed by their colleagues and we wish them a long and healthy retirement. Our former colleague His Honour Judge Stephen Smith was appointed during the year to be a Senior Circuit Judge in the Family Court and we wish him every success in his new role.

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First-tier Tribunal

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Immigration and Asylum Chamber

Acting President: Judge Elena Feeney

The jurisdictional landscape

The First-tier Tribunal (Immigration and Asylum Chamber) ('FTTIAC') conducts appeals against decisions of the Secretary of State relating to international protection, deportation, the EU Settlement Scheme, deprivation of citizenship and human rights. FTTIAC also deals with bail applications by applicants held in immigration detention and foreign national offenders.

After a significant increase in FTTIAC receipts in Financial Year 2023/24, compared to 2022/23 (53%), receipts again increased by 36% in 2024/25. In the last financial year, the number of asylum/protection receipts as a proportion of overall receipts increased, and made up over half (51%) of FTTIAC receipts. The increase in receipts has inevitably impacted the outstanding caseload, which increased by 80% in 2024/25. However, disposals increased by 4%, reflecting the consistently hard work of FTTIAC judges.

Many asylum appeals involve vulnerable appellants and detailed evidence of difficult and traumatic events including torture, persecution and family separation. Appeals must be determined pursuant to a changing and complex legal landscape, often in the public eye, including changes to Refugee Convention interpretation in the Nationality and Borders Act 2022. For these reasons asylum appeals are amongst the more complex and demanding of time for FTTIAC judges. The change in case-mix has also included more deportation, deprivation of citizenship and EU Settlement Scheme appeals, which are also difficult cases, with wide-ranging guidance from the higher courts still emerging. Added to that is an increase in appellant in person appeals, which require judges to take a more inquisitorial role in proceedings in order for progress to be made.

IAC decisions have been subject to significant media coverage over 2025 and this has very regrettably led to a heightened level of unwarranted abuse of individual judges. However with the support of judicial colleagues and leadership judges, IAC judges continue to apply the applicable legal framework, in accordance with the rule of law.

It was also important to prepare carefully for the Illegal Migration Act 2023. The enormity of the changes in force and the proposed changes to the legal and procedural framework demanded intense preparation and planning on the part of leadership judges, training leads and subject leads, working in collaboration with the Upper Tribunal ('UT'), the MOJ, HMCTS and the Judicial College. With the change in government there has been a change in policy priorities and preparation is now underway to prepare for the Border Security, Immigration and Asylum Bill 2025, including the 24-week statutory timetable, which will apply in the main to asylum appellants in supported accommodation.

The year has embedded further changes to judicial working practices, consistent with the "Programme for Change". The overarching aim to re-focus preparation, hearings and written decisions through a more issues-based and structured lens, consistent with the manner in which Reform is expected to work in FTTIAC, continues to be bolstered by a judicial toolkit of up-to-date online guidance and support for judges in the main subject areas of FTTIAC work. This is a collaborative effort on the part of judicial subject leads under the supervision of the training team, previously led by (then Resident) Judge Julian Phillips and now by his former deputies, Acting Resident Judge Stuart Buchanan and Assistant Resident Judge Bindi Athwal.

An integral part of the Programme for Change is the foundation of an IAC Improvement Group, chaired by RJ Frantzis, which works closely with the Upper Tribunal and whose focus is on procedural rigour in the IAC through collaboration with relevant stakeholders including the Home Office and the Immigration Law Practitioners Association. This has led to improved working relationships and improved procedures and protocols in place. The Improvement Group has provided a forum to drive home efficiencies in listing practices by open dialogue on the listing of Protection appeals in the float lists and by moving to greater flexibility when considering remote working. This work has informed a transformative new approach to FTTIAC practice and procedure in the 1 November 2024 Practice Direction, which places the overriding objective, procedural rigour and narrowing the principal controversial issues in dispute at the centre of the appeals process.

The FTTIAC Virtual Region continues to successfully determine appeals that can be heard and dealt with in a just and effective way by remote means, increasing the Chamber's overall hearing capacity. It has been possible to shorten the time usually taken between inception of the appeal and delivery of the written decision, leading to greater efficiency and making best use of the available UK-wide judicial resource, with deployment to virtual lists not necessarily tied to a particular hearing centre or region. Plans are now in place to expand the Virtual Region to double capacity by January 2026.

The judicial leads have sought to work closely with HMCTS colleagues to ensure appeals are listed, heard and determined in a manner that is both efficient and fair. This has included collaborative working and improvements under the leadership of Resident Judge Froom, in relation to detained appeals. FTTIAC has closely analysed its caseload of deportation and detained appeals to identify the means of ensuring the appeal journey can be shortened wherever possible, with the help of a streamlined detained process map. Its recommendations have been fed into a multi-agency improvement group leading to the reduction of obstacles to effective hearings.

Diversity, inclusion and wellbeing

FTTIAC is proud of the diversity of the background of its judges. Part of that diversity is reflected in the diversity data for 2025 in the table below.

Proactive efforts have been made to ensure the chamber benefits from the diversity and inclusion of its judicial family through a variety of events. This has been spearheaded by the Diversity & Inclusion Committee, working together with the training team. The Diversity & Inclusion Committee has also assisted in building on local initiatives to involve outside groups in the work of judges. Special mention must be made of Judge Meyler who worked tirelessly with a wide cross-section of judges across the jurisdictions to produce two successful conferences for Liverpool law students from underrepresented backgrounds.

There have been many hearing centre gatherings, including legal officer certification ceremonies, Judicial swearing-in ceremonies and retirement functions. These have involved judges, legal officers and administrative staff celebrating together. We were delighted to welcome the Lady Chief Justice and the former Senior President of Tribunals (SPT), Sir Keith Lindblom, to Taylor House, London during the year. The newly appointed SPT, Lord Justice Dingemans, and Deputy SPT, Lord Justice Dove, have already been to visit hearing centres and to talk to and listen to judges.

People and places

This has been another busy year for judicial movements. Two very popular and experienced Resident Judges retired: Juliet Grant-Hutchison (Glasgow/Belfast) and Julian Phillips (Newport). Judge Phillips continues to be part of the FTTIAC judicial family by sitting in retirement. We also thank the FTTIAC Judges who have retired in the last year for their service to the chamber and wish them a healthy and happy retirement.

Three new Resident Judges have been appointed following a JAC selection exercise: Leighton Hughes (currently Taylor House), Graeme Clarke (Birmingham) and Gareth Wilson (Newport). Stuart Buchanan and Anne Grimes (jointly Glasgow/Belfast) and Jonathan Austin (Manchester) have been appointed Acting Resident Judges. They have all made impressive starts in their centre leadership role, as well as their national lead roles assisting the President. Assistant Resident Judge Chohan provided valuable interim leadership at Birmingham. We have welcomed new salaried and fee-paid judges, who have all settled in after induction training making best use of the Programme for Change judicial toolkit. Special mention must be made of our former President, Judge Melanie Plimmer, who led the chamber with distinction and who recently became the Deputy Chamber President of the Upper Tribunal Immigration and Asylum Chamber.

Finally, we pay tribute to Nick Renton, a former Birmingham Resident Judge, who sadly passed away in July 2025.