A new briefing from the House of Commons Library, released last week, examines over a century of developments in how immigration and asylum appeals are managed in the UK, as the government prepares to implement another major overhaul.
You can download the original 16-page report here.
The report, published amid plans announced in 2025 to reform asylum appeals and replace the First-tier Tribunal’s immigration judges with a new body of adjudicators, provides historical context on the evolution of appeal structures. It outlines past institutional changes and the goals they aimed to achieve.
The briefing traces the system’s roots back to the early 20th century, starting with immigration boards created under the Aliens Act 1905. It follows the introduction of a specialised two-tier system under the Immigration Appeals Act 1969, which was staffed initially by non-judicial adjudicators and supervised by a central Immigration Appeal Tribunal. This system was intended to ensure independent scrutiny of Home Office decisions while remaining separate from ordinary courts.
Subsequent reforms included the Asylum and Immigration Appeals Act 1993, which, for the first time since the 1910s, established a specific right of appeal against asylum refusals. The Immigration and Asylum Act 1999 further required adjudicators to be legally qualified solicitors or barristers with at least seven years’ experience, or possess equivalent expertise deemed suitable by the Lord Chancellor.
In 2005, adjudicators were formally replaced by immigration judges within a unified Asylum and Immigration Tribunal. The current two-tier structure, comprising the First-tier Tribunal and the Upper Tribunal (Immigration and Asylum Chamber) was introduced in 2010 as part of broader administrative justice reforms under the Tribunals, Courts and Enforcement Act 2007.
The briefing notes that, despite changes in names, titles, and formal structures, the two-stage appeal process has remained consistent. It also highlights a steady shift from non-legal members toward legally qualified judges as the standard in immigration and asylum appeals.
Lawsentis’ perspective
Lawsentis observes that this report underscores the complexity and long history of the UK’s immigration appeal system. While reforms aim to streamline processes, it remains crucial that any new structure continues to balance efficiency with fair and independent scrutiny, ensuring individuals’ rights are properly safeguarded.