JUSTICE Responds to Call for Evidence: Independent Appeals Body

In May 2026, JUSTICE submitted its response to the Home Office Call for Evidence to replace the First tier Tribunal (Immigration and Asylum Chamber) (‘FtT’) with a new Independent Appeals Body.  

We are opposed to the IAB being set up as a replacement for the FtT. We are concerned that the new body will lack independence, adjudicators will lack expertise in a complex legal area and there is a risk of appellants facing unfair processes.  

Whilst we acknowledge the significant asylum appeal backlog needs addressing, this should be dealt with through greater efficiency in the FtT, improved Home Office decision-making, immigration law simplification and early legal advice provision.  

Our submission highlights the following points:  

• Judicial independence: Limited detail is provided in the Call for Evidence but we stressed the importance of ensuring that immigration appeals are heard by independent judges. We are concerned that the aim is to ‘fully integrate’ the new body within the Home Office, including the recruitment of adjudicators. Full appeal rights should be maintained to the Upper Tribunal.  

• The importance of legal expertise: Immigration law is one of the most complex areas of domestic law. Replacing 350 expert immigration judges with retired police officers or planning inspectors will not improve efficiency. Legal expertise has been at the heart of the immigration appeal system for decades.  

• Tribunal reform is needed to make the system more efficient, such as more pro-active case management. Whilst digital technology has an important role, there should not be an assumption that hearings can be determined remotely or on the papers.  Appellants need to be able to fully participate in a hearing for it to be procedurally fair.  

• Tribunal appeals hold the Home Office accountable for poor decision-making. These proposals, by their very nature, risk reducing such important oversight and sidelining important safeguards, such as the independent Judicial Appointments Commission.  

• This Call for Evidence contains limited information about the proposed new system. A full and detailed consultation should be launched with all relevant stakeholders if the Home Office decide to proceed.  

Click here to read our response in its entirety.

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