Law Society warns rushed and inadequate consultation risks repeating past failures or creating new ones
In a statement today, the Law Society has called on the Government to abandon its plans to replace the First-Tier Tribunal of the Immigration and Asylum Chamber with a new, independent appeals body staffed by adjudicators.
The Government first announced its plans in November 2025's major policy statement Restoring Order and Control: A statement on the government's asylum and returns policy. Home Secretary Shabana Mahmood provided more details in a letter to the Commons Justice Committee in January. Last month, however, the Lady Chief Justice said the judiciary was still waiting to be told "what the plan is, what the timeline is, and what the proposals are".
The Home Office launched a call for evidence on its plans on 23 March. On Monday of this week, the Home Office extended the closing date for responses from today until 6 May 2026.
In today's statement, the Law Society warned that replacing the experienced professional First-Tier Tribunal with a lay appeals body risks undermining the right to a fair hearing and could weaken the independence of the appeals process.
Law Society president Mark Evans pointed to previous systems relying on non-legally qualified adjudicators, which were ultimately abandoned as "not fit for purpose". He said the Government should instead address the root causes of delays in the Immigration and Asylum Chamber by improving the quality of initial decisions made by the Home Office, increasing efficiency within the existing tribunal system, and ensuring proper funding for legal aid.
The Law Society cited Home Office data showing that only 52% of decisions met its quality standard in 2023/24. It also referred to findings from the National Audit Office that 42% of sampled asylum decisions in the year to May 2025 contained significant errors, and noted that 45% of asylum refusals reviewed by the tribunal in the year to March 2025 were overturned.
The Society also criticised the consultation process, describing the original four-week timeframe, which spanned the Easter holidays, as inadequate. While acknowledging the now extended deadline for responses, Evans said that "rushed decisions risk repeating mistakes or creating new ones entirely of the government's own making", and called for more meaningful engagement and a considered response to the concerns raised.
Right to Remain, a charity working to challenge injustice in the immigration and asylum system, recently announced that it will be holding an online workshop on asylum appeals next Wednesday, 29 April. The session will consider the Government’s plans for the new independent appeals body, alongside the potential impact of the new 24-week timetable for certain asylum appeals.