The Tribunal Procedure Committee (TPC) has recently launched a consultation on proposed amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008. These changes have been put forward by the President of the Upper Tribunal Immigration and Asylum Chamber and are aimed at bringing immigration judicial review procedures in the Upper Tribunal more closely in line with those followed in the Administrative Court.
The TPC has indicated that its provisional view is that there is βno good reasonβ for procedural differences between the two jurisdictions in the areas under review. The proposed reforms are primarily driven by the need to improve efficiency, consistency, and procedural clarity.
Key proposed changes
One of the main proposals is to introduce a clear rule allowing applicants to submit a reply to an acknowledgement of service. This would align the Upper Tribunal rules with Rule 54.8A of the Civil Procedure Rules. Under this proposal, applicants would be required to file and serve their reply within seven days of receiving the acknowledgement of service. The change is intended to remove the current uncertainty around whether such replies are permitted and what deadlines apply.
Another significant amendment would remove the requirement for final decisions in immigration judicial review cases to be delivered at an oral hearing. Instead, decisions could be issued in writing, including remotely. This would reflect existing practices in the Administrative Court and is expected to streamline the decision-making process. The proposal also includes related changes, such as allowing written applications for permission to appeal where decisions are issued without a hearing.
The third proposal focuses on clarifying service requirements. It would require applicants to serve a sealed copy of the judicial review application on the respondent and any interested parties. Importantly, the time limit for service would be linked to the date the sealed application is provided by the Upper Tribunal. This aims to eliminate ambiguity in the current rules and ensure that only properly lodged applications are served.
The consultation document and a questionnaire to complete areΒ available from here on GOV.UK. Responses must be sent before the consultation closure deadline of 11:59pm on 12 June 2026.
LawSentis point of view
These proposed reforms are a positive step towards improving consistency and efficiency in immigration judicial review procedures. Aligning the Upper Tribunal with the Administrative Court should make the process clearer and more predictable for applicants and legal representatives.
However, tighter deadlines and increased reliance on written decisions must be implemented carefully to ensure fairness, particularly for those without legal support.
If you need advice on judicial review or immigration matters, contact LawSentis for expert guidance and tailored support.