Part 5 of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims) is amended as set out in paragraphs 2 to 12.
Immigration and Asylum Bill
Bill documents (21)
Bill (as introduced) ↗Explanatory Notes ↗Impact Assessment ↗Impact Assessment ↗Delegated Powers Memorandum ↗Delegated Powers Memorandum ↗Human Rights Memorandum ↗Human Rights Memorandum ↗Amendment Paper ↗Bill proceedings: Commons ↗Selection of amendments: Commons ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Selection of amendments: Commons ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗Amendment Paper ↗all documents on Parliament ↗
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Schedule 1 — Consequential amendments relating to the primary function of the IIAA
Introduced by Section 1(3)
Explanatory Notes · published by the Government with the Bill
115. This schedule makes amendments to a range of primary and secondary legislation to give effect to the transfer of jurisdiction for immigration, nationality and asylum appeals from the First-tier Tribunal to the IIAA.
116. The amendments made by this Schedule include:
a. Substituting references to the FTT and Tribunal with references to the IIAA;
b. Updating relevant legislation in relation to appeal rights, procedural provisions and interpretative provisions so that they operate by reference to the IIAA;
c. Making provision for the application of IIAA Procedure Rules in place of Tribunal Procedure Rules.
117. In order to account for a period of dual running between the FTT and the IIAA, these provisions will be commenced gradually as required.
Amendments tabled 4, including 3 from the Government · 1 would remove the whole Schedule · 4 decided
Changes MPs have proposed to this Schedule at Committee stage, House of Commons, in the order they fall in the text. 3 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole Schedule
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 54, line 2, leave out Schedule 1
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.
Amendment 22
Government
Anna Turley, Minister of State (Home Office) Adds words
Agreed
Explanatory statement · what it would do, in the words of the Government
This amendment would add a further consequential amendment to Schedule 1.
Effect on the Schedule · the printed text with this amendment applied
58:5of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum
58:6Chamber) Rules 2014.
32A In section 5 of the Special Immigration Appeals Commission Act 1997 (procedure), in subsection (2A), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules (see section 4 of the Immigration and Asylum Act 2026)”.
58:7Other consequential amendments
The amendment refers to the end of line 7; the provision it follows ends on line 6 of page 58 of the print.
The amendment · as tabled, addressed to the printed Bill
Schedule 1, page 58, line 7, at end insert—
“32A In section 5 of the Special Immigration Appeals Commission Act 1997 (procedure), in subsection (2A), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules (see section 4 of the Immigration and Asylum Act 2026)”.”
This amendment was agreed to.
Amendment 23
Government
Anna Turley, Minister of State (Home Office) Removes words
Consequential Agreed
Explanatory statement · what it would do, in the words of the Government
Effect on the Schedule · the printed text with this amendment applied
58:29the Immigration and Asylum Act 2026)”.
58:3037 In section 98 of the Courts Act 2003 (register of judgments and orders etc),
58:31in subsection (1)(f)—
58:32(a) omit the “or” at the end of sub-paragraph (iii);
58:33(b) at the end of sub-paragraph (iv) insert “, or
58:34(v) the Independent Immigration Appeals Authority
58:35established under section 1 of the Immigration and
58:36Asylum Act 2026,”.
58:3738 In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (S.I.
The amendment · as tabled, addressed to the printed Bill
Schedule 1, page 58, line 30, leave out paragraph 37
This amendment was agreed to.
Amendment 24
Government
Anna Turley, Minister of State (Home Office) Adds words
Agreed
Explanatory statement · what it would do, in the words of the Government
This amendment would add a further consequential amendment to Schedule 1.
Effect on the Schedule · the printed text with this amendment applied
59:4continue to have effect following their
59:5revocation,”.
38A In section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, in subsection (7), in the definition of “deciding authority”, in paragraph (c), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
59:639 In section 55 of the Immigration, Asylum and Nationality Act 2006 (Refugee
The amendment · as tabled, addressed to the printed Bill
Schedule 1, page 59, line 5, at end insert—
“38A In section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, in subsection (7), in the definition of “deciding authority”, in paragraph (c), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.”
This amendment was agreed to.
2
amends
In the italic heading before section 81, for “Tribunal” substitute “IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 81 — Meaning of “the Tribunal
Nationality, Immigration and Asylum Act 2002 — section 81
Appeal to Tribunal IIAA
In this Part “the Tribunal” means the First-tier Tribunal.
About the provision this changes
Cases citing s.81: 8 — U3 v Secretary of State for the Home Department [2023] EWCA Civ 811; Jamil Hydar v The Secretary of State for the Home Department [2021] UKUT 176 (IAC); Karen Rickel Birch v The Secretary of State for the Home Department [2020] UKUT 86 (IAC)
3
amends
For section 81 substitute—
81Meaning of “the IIAA” In this Part “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends Nationality, Immigration and Asylum Act 2002, section 81 — Meaning of “the Tribunal
Nationality, Immigration and Asylum Act 2002 — section 81
81 Meaning of “the IIAA” — In this Part “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
About the provision this changes
Cases citing s.81: 8 — U3 v Secretary of State for the Home Department [2023] EWCA Civ 811; Jamil Hydar v The Secretary of State for the Home Department [2021] UKUT 176 (IAC); Karen Rickel Birch v The Secretary of State for the Home Department [2020] UKUT 86 (IAC)
4
amends
In section 82 (right of appeal)—
(a)in the heading, for “Tribunal” substitute “IIAA”;
(b)in subsection (1), for “Tribunal” substitute “IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 82 — Right of appeal to the Tribunal
Nationality, Immigration and Asylum Act 2002 — section 82
Right of appeal to the Tribunal IIAA
(1) A person (“P”) may appeal to the TribunalIIAA where—
(a) the Secretary of State has decided to refuse a protection claim made by P,
(b) the Secretary of State has decided to refuse a human rights claim made by P, or
(c) the Secretary of State has decided to revoke P's protection status.
(2) For the purposes of this Part—
(a) a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—
(i) would breach the United Kingdom's obligations under the Refugee Convention, or
(ii) would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(b) P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
(i) that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
(ii) that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(c) a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;
(d) “humanitarian protection” is to be construed in accordance with the immigration rules;
(e) “refugee” has the same meaning as in the Refugee Convention.
(3) The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.
About the provision this changes
Cases citing s.82: 515 — Kofi Osei-Bonsu v Secretary of State for The Home Department [2026] EWCA Civ 1304; Rhian Bernard Guerrero v Secretary of State for Home Department [2026] EWCA Civ 953; Entry Clearance Officer v FA [2026] EWCA Civ 1014
Rules paragraphs referring to s.82: 2 — Introduction to the Immigration Rules: Interp: Protection claim; Part 11 — Asylum: 327F
5
amends
In section 85 (matters to be considered), for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 85 — Matters to be considered
Nationality, Immigration and Asylum Act 2002 — section 85
(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal IIAA as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal IIAA shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against.
(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4) On an appeal under section 82(1)... against a decision the Tribunal IIAA may consider... any matter which it thinks relevant to the substance of the decision, including... a matter arising after the date of the decision.
(5) But the Tribunal IIAA must not consider a new matter unless the Secretary of State has given the Tribunal IIAA consent to do so.
(6) A matter is a “new matter” if—
(a) it constitutes a ground of appeal of a kind listed in section 84, and
(b) the Secretary of State has not previously considered the matter in the context of—
(i) the decision mentioned in section 82(1), or
(ii) a statement made by the appellant under section 120.
About the provision this changes
Cases citing s.85: 145 — MD Abdur Rahim v Secretary of State for the Home Department [2026] EWCA Civ 930; Soraya Dawrani v Secretary of State for the Home Department [2026] UKUT 151 (IAC); IA & Ors v Secretary of the Home Department [2025] EWCA Civ 1516
6
amends
In section 86(2) (determination of appeal), for “The Tribunal” substitute “The IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 86 — Determination of appeal
Nationality, Immigration and Asylum Act 2002 — section 86
(1) This section applies on an appeal under section 82(1)...
(2) The TribunalThe IIAA must determine—
(a) any matter raised as a ground of appeal..., and
(b) any matter which section 85 requires it to consider.
(3) ................................
(4) ................................
(5) ................................
(6) ................................
About the provision this changes
Cases citing s.86: 92 — Tomas Molnar v Secretary of State for the Home Department [2026] EWCA Civ 31; Hiep Xuan Nguyen v Secretary of State for the Home Department [2025] EWCA Civ 1452; S M v Secretary Of State For The Home Department [2024] UKUT 00323
7
amends
Omit sections 86A and 86B (timeframes for determination of certain appeals).
Amends Nationality, Immigration and Asylum Act 2002, section 86A — Timeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support
Nationality, Immigration and Asylum Act 2002 — section 86A
(1) This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999.
(2) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(3) But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
About the provision this changes
8
amends
In section 104 (pending appeal)—
(a)in subsection (2)—
(i)in paragraph (a), for “section 11 or” substitute “section 7 of the Immigration and Asylum Act 2026 or section”;
(ii)in paragraph (c), for “that Act” substitute “the Tribunals, Courts and Enforcement Act 2007”;
(b)in subsection (4B)(b), after “with” insert “IIAA Procedure Rules or”.
Amends Nationality, Immigration and Asylum Act 2002, section 104 — Pending appeal
Nationality, Immigration and Asylum Act 2002 — section 104
(1) An appeal under section 82(1) is pending during the period—
(a) beginning when it is instituted, and
(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—
(a) an application for permission to appeal under section 11 orsection 7 of the Immigration and Asylum Act 2026 or section 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
(c) an appeal has been remitted under section 12 or 14 of that Actthe Tribunals, Courts and Enforcement Act 2007 and is awaiting determination.
(3) ................................
(4) ................................
(4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)).
(4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—
(a) ................................
(b) gives notice, in accordance with IIAA Procedure Rules or Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.
(4C) ................................
(5) ................................
About the provision this changes
Cases citing s.104: 67 — Rhian Bernard Guerrero v Secretary of State for Home Department [2026] EWCA Civ 953; Rupert Junior Geddes (R, on the application of) v Secretary of State for the Home Department [2025] EWCA Civ 353; Secretary of State for the Home Department v Rhian Bernard Guerrero [2025] UKUT 00276 (IAC)
Rules paragraphs referring to s.104: 1 — Introduction to the Immigration Rules: Interp: Pending appeal
9
amends
In section 106 (rules)—
(a)in subsection (3) for “Tribunal Procedure Rules may enable the Tribunal” substitute “IIAA Procedure Rules may enable the IIAA”;
(b)in subsection (4)—
(i)for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules”;
(ii)for “the Tribunal” substitute “the IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 106 — Rules
Nationality, Immigration and Asylum Act 2002 — section 106
(1) ................................
(1A) ................................
(2) ................................
(3) In the case of an appeal under section 82......, Tribunal Procedure Rules may enable the TribunalIIAA Procedure Rules may enable the IIAA to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).
(4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with Tribunal IIAA Procedure Rules in connection with proceedings under section 82...... to attend before... the Tribunal— IIAA—
(a) to give evidence, or
(b) to produce a document.
(5) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
About the provision this changes
Cases citing s.106: 19 — FGF v The Secretary of State for the Home Department SN/01/2022; C7 v Secrtary of State for the Home Department [2023] EWCA Civ 265; DJ (Pakistan) v The Secretary of State for the Home Department [2022] EWCA Civ 1057
10
amends
Omit section 107 (practice directions).
Amends Nationality, Immigration and Asylum Act 2002, section 107 — Practice directions
Nationality, Immigration and Asylum Act 2002 — section 107
(1) ................................
(1A) ................................
(2) ................................
(3) In the case of proceedings under section 82......, or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007—
(a) may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and
(b) may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.
(3A) In subsection (3) the reference to a decision of the Tribunal includes—
(a) a decision of the Asylum and Immigration Tribunal, and
(b) a decision of the Immigration Appeal Tribunal.
(4) ................................
(5) ................................
(6) ................................
(7) ................................
About the provision this changes
Cases citing s.107: 23 — Mosaraf Hossain & Ors v The Home Office [2026] EWHC 1413 (KB); Pajtim Berdica v The Secretary of State for the Home Department [2022] UKUT 276 (IAC); Abdi Roba v The Secretary of State for the Home Department [2022] UKUT 1 (IAC)
11
amends
In section 108(2) (forged documents: proceedings in private), for “The Tribunal” substitute “The IIAA”.
Amends Nationality, Immigration and Asylum Act 2002, section 108 — Forged document: proceedings in private
Nationality, Immigration and Asylum Act 2002 — section 108
(1) This section applies where it is alleged—
(a) that a document relied on by a party to an appeal under section 82... is a forgery, and
(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.
(2) The TribunalThe IIAA—
(a) must investigate the allegation in private, and
(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).
About the provision this changes
Cases citing s.108: 5 — Auron Hoxha & Ors v Secretary of State for the Home Department [2026] UKUT 378 (IAC); Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin); Entry Clearance Officer, Islamabad v Shabana Naz [2012] UKUT 00040 (IAC)
12
amends
In section 113 (interpretation), at the appropriate place insert—.
“the IIAA” has the meaning given in section 81;
“IIAA Procedure Rules” means rules made under section 4 of the Immigration and Asylum Act 2026;
Amends Nationality, Immigration and Asylum Act 2002, section 113 — Interpretation
Nationality, Immigration and Asylum Act 2002 — section 113
(1) In this Part, unless a contrary intention appears—
“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
...
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)...,
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,
“ humanitarian protection ” has the meaning given in section 82(2);
...
“the IIAA” has the meaning given in section 81; “IIAA Procedure Rules” means rules made under section 4 of the Immigration and Asylum Act 2026;
“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),
...
“ protection claim ” has the meaning given in section 82(2)
“ protection status ” has the meaning given in section 82(2)
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
...
...
(2) ................................
About the provision this changes
Cases citing s.113: 53 — R (MM) v SSHD [JR-2025-LON-003693] JR-2025-LON-003693; Entry Clearance Officer v FA [2026] EWCA Civ 1014; Muhammad Ajmal & Anor v The Secretary of State for the Home Department [2025] UKUT 379 (IAC)
Part 1 of Schedule 10 to the Immigration Act 2016 (immigration bail: main provisions) is amended as set out in paragraphs 14 to 17.
14
amends
In that Part—
(a)for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”;
(b)for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends Immigration Act 2016, Schedule 10 — Immigration bail
Immigration Act 2016 — Schedule 10
(3) The First-tier Tribunal IIAA may, on an application made to the Tribunal IIAA for the grant of bail to a person, grant that person bail if—
(a) a condition requiring the person to appear before the Secretary of State or the First-tier Tribunal IIAA at a specified time and place;
(7) Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal IIAA if the Secretary of State informs the Tribunal IIAA that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—
(8) Where sub-paragraph (7) applies, the First-tier Tribunal IIAA must not grant immigration bail to the person subject to an electronic monitoring condition.
(1) The Secretary of State or the First-tier Tribunal IIAA must have regard to the matters listed in sub-paragraph (2) in determining—
(f) such other matters as the Secretary of State or the First-tier Tribunal IIAA thinks relevant.
(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal IIAA until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.
(4) A person must not be granted immigration bail by the First-tier Tribunal IIAA without the consent of the Secretary of State if—
(5) If the Secretary of State or the First-tier Tribunal IIAA decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal IIAA must give the person notice of the decision.
(6) Where the First-tier Tribunal IIAA is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.
(d) involve the exercise of functions by persons other than the Secretary of State or the First-tier Tribunal. IIAA.
(5) If the First-tier Tribunal IIAA has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State.
(3) The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal IIAA if the Tribunal IIAA so directs.
(4) If the First-tier Tribunal IIAA gives a direction under sub-paragraph (3), the Tribunal IIAA may not exercise the power in sub-paragraph (1) in relation to the person.
(5) The First-tier Tribunal IIAA may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.
(6) If the Secretary of State or the First-tier Tribunal IIAA exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal IIAA must give notice to the person who is on immigration bail.
(7) Where the First-tier Tribunal IIAA is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.
(ii) pursuant to a grant by the First-tier Tribunal IIAA in a case where the Tribunal IIAA has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal IIAA
(a) is on immigration bail pursuant to a grant by the First-tier Tribunal IIAA in a case where the Tribunal IIAA has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
(2) Where the person is subject to an electronic monitoring condition, the First-tier Tribunal— IIAA—
(3) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal IIAA that the Secretary of State considers that—
(4) If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal— IIAA—
(5) This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal IIAA that the Secretary of State—
(a) the Secretary of State, if the Secretary of State granted immigration bail to the arrested person or the First-tier Tribunal IIAA has directed that the power in paragraph 6(1) is exercisable by the Secretary of State in relation to that person, or
(b) otherwise, the First-tier Tribunal. IIAA.
(1) Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal IIAA for the Tribunal IIAA to decide whether to grant bail to a person if—
(a) consideration by the First-tier Tribunal IIAA of whether to grant immigration bail to the person;
(a) includes such consideration regardless of whether there is a hearing or the First-tier Tribunal IIAA makes a determination in the case in question;
(b) the First-tier Tribunal IIAA is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State's consent to bail).
(b) the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person's case to be referred to the First-tier Tribunal IIAA under this paragraph.
(7) A reference to the First-tier Tribunal IIAA under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).
(1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal IIAA under this Schedule and matters arising out of such applications.
(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal IIAA has decided not to grant a person immigration bail, the Tribunal IIAA must dismiss without a hearing any further application for the person to be granted immigration bail which—
About the provision this changes
Cases citing Sch.10: 38 — CHK (R, on the application of) v Secretary of State for the Home Department [2026] EWCA Civ 207; MXV, R (on the application of) v The Secretary of State for Home Department [2026] EWHC 251 (Admin); AH, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 3269 (Admin)
Free Movement articles: Asylum support: what is available and what has changed ↗; “Automatic” deportation ↗
15
amends
In the italic heading before paragraph 12, for “Tribunal” substitute “IIAA”.
Amends Immigration Act 2016, Schedule 10, para 12 — 12
Immigration Act 2016 — Schedule 10, para 12
(1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.
(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—
(a) is an application to which sub-paragraph (3) applies, but
(b) is not an application to which sub-paragraph (4) applies.
(3) This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).
(4) This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.
16
amends
In paragraph 12 (IIAA Procedure Rules), in sub-paragraphs (1) and (2), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules”.
Amends Immigration Act 2016, Schedule 10, para 12 — 12
Immigration Act 2016 — Schedule 10, para 12
(1) Tribunal Procedure RulesIIAA Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.
(2) Tribunal Procedure RulesIIAA Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—
(a) is an application to which sub-paragraph (3) applies, but
(b) is not an application to which sub-paragraph (4) applies.
(3) This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).
(4) This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.
17
amends
After paragraph 13 insert—
Interpretation: the IIAA and IIAA Procedure Rules
13AIn this Schedule— “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026; “IIAA Procedure Rules” means rules made under section 4 of that Act.
Inserts a new provision into Immigration Act 2016 — Schedule 10, after paragraph 13
18
amends
In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to deportation), in paragraph 2 (detention or control pending deportation)—
(a)in sub-paragraph (5), for “First-tier Tribunal” substitute “IIAA”;
(b)in sub-paragraph (6), for “First-tier Tribunal” substitute “IIAA”;
(c)at the end insert—
(8)In this paragraph, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends Immigration Act 1971, Schedule 3, para 2 — 2
Immigration Act 1971 — Schedule 3, para 2
(1) Where a recommendation for deportation made by a court is in force in respect of any person, and that person is not detained in pursuance of the sentence or order of any court, he shall... be detained pending the making of a deportation order in pursuance of the recommendation, unless—
(a) the court by which the recommendation is made grants bail to the person, or
(b) the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.
(1A) Where—
(a) a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to release the person on bail without setting aside the recommendation.
(2) A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—
(a) while the Secretary of State considers whether to make a deportation order against P, and
(b) where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order.
(2A) Sub-paragraph (2) applies only if—
(a) the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or
(b) where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.
(3) Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.
(3A) A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision whether to make a deportation order, or the deportation order, to be made, or the removal to be carried out.
(3B) Sub-paragraphs (1) to (3) apply regardless of whether there is anything that for the time being prevents the decision or the deportation order from being made or the removal from being carried out.
(3C) Sub-paragraphs (3A) and (3B) are subject to sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).
(3D) Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that the decision or the deportation order will be made or the removal will be carried out within a reasonable period of time.
(3E) The person may be detained under that sub-paragraph for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
(4) In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17, 18, 18A and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.
(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
(5) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier TribunalIIAA apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).
(6) If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier TribunalIIAA under that Schedule.
(7) A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.
(8) In this paragraph, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
About the provision this changes
Cases citing Sch.3 para 2: 180 — HPT, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 1038 (Admin); MXV, R (on the application of) v The Secretary of State for Home Department [2026] EWHC 251 (Admin); Tomas Molnar v Secretary of State for the Home Department [2026] EWCA Civ 31
19
amends
In Schedule 3 to the Special Immigration Appeals Commission Act 1997 (bail: modifications of Schedule 10 to the Immigration Act 2016)—
(a)for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”;
(b)for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends Special Immigration Appeals Commission Act 1997, Schedule 3 — Bail: Modifications of Schedule 10 to the Immigration Act 2016
Special Immigration Appeals Commission Act 1997 — Schedule 3
(a) for “The First-tier Tribunal” IIAA” there were substituted “ The Special Immigration Appeals Commission ”, and
(b) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
(a) in sub-paragraphs (1)(a), (7) and (8) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) in sub-paragraph (7) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
(a) in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) in sub-paragraph (5) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
4 Paragraph 4(2)(d) (arrangements under electronic monitoring condition) has effect as if for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”.
5 Paragraph 5(5) (payment of sum under financial condition) has effect as if for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”.
(a) in sub-paragraphs (3), (4), (6) and (7) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”,
(b) in sub-paragraph (5) for “The First-tier Tribunal” IIAA” there were substituted “ The Special Immigration Appeals Commission, ”, and
(c) in sub-paragraphs (3), (4) and (6) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
(a) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
8 Paragraph 8 (amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal) IIAA) has effect as if—
(a) in sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier Tribunal” IIAA” there were substituted “ the Special Immigration Appeals Commission ”, and
(b) in sub-paragraph (1)(a) for “the Tribunal” IIAA” there were substituted “ the Commission ”.
9 Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” IIAA” in both places there were substituted “ the Special Immigration Appeals Commission ”.
About the provision this changes
Cases citing Sch.3: 2 — D8 v The Secretary of State for the Home Department SC/179/2020; O3 v The Secretary of State for the Home Department (Bail Application) SC/147/2018
20
amends
In section 36 of the UK Borders Act 2007 (detention)—
(a)in subsection (3A), for “First-tier Tribunal” substitute “IIAA”;
(b)in subsection (3B), for “First-tier Tribunal” substitute “IIAA”;
(c)after subsection (3B) insert—
(3BA)In subsections (3A) and (3B), “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends UK Borders Act 2007, section 36 — Detention
UK Borders Act 2007 — section 36
(1) A person who has served a period of imprisonment may be detained under the authority of the Secretary of State—
(a) while the Secretary of State considers whether section 32(5) applies, and
(b) where the Secretary of State thinks that section 32(5) applies, pending the making of the deportation order.
(1A) A person liable to be detained under subsection (1) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision as to whether section 32(5) applies, or the deportation order, to be made.
(1B) Subsection (1) applies regardless of whether there is anything that for the time being prevents the decision or the deportation order from being made.
(1C) Subsections (1A) and (1B) are subject to subsection (2A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).
(1D) Subsection (1E) applies if, while a person is detained under subsection (1), the Secretary of State no longer considers that the decision or the deportation order will be made within a reasonable period of time.
(1E) The person may be detained under subsection (1) for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
(2) Where a deportation order is made in accordance with section 32(5) the Secretary of State shall exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention pending removal) unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016.
(2A) The detention under subsection (1) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
(3) A court determining an appeal against conviction or sentence may release a person on bail from detention under subsection (1) or (2).
(3A) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier TribunalIIAA apply in relation to the grant of bail by the court under subsection (3).
(3B) If the court grants bail to a person under subsection (3), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier TribunalIIAA under that Schedule.
(3BA) In subsections (3A) and (3B), “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(3C) A reference in any provision of, or made under, an enactment other than this section to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under subsection (3) or (as the case may be) a condition imposed by the court on the grant of such bail.
(4) Provisions of the Immigration Act 1971 which apply to detention under paragraph 2(3) of Schedule 3 to that Act shall apply to detention under subsection (1)....
(5) ................................
About the provision this changes
Cases citing s.36: 51 — Tomas Molnar v Secretary of State for the Home Department [2026] EWCA Civ 31; Kaur & Ors, R (on the application of) v Secretary of State for the Home Department [2025] EWCA Civ 1474; BRO, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 2231 (Admin)
21
amends
In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal), in subsection (1), for “the First-tier Tribunal” substitute “the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026”.
Amends British Nationality Act 1981, section 40A — Deprivation of citizenship: appeal
British Nationality Act 1981 — section 40A
(1) A person—
(a) who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or
(b) in respect of whom an order under section 40 is made without the person having been given notice under section 40(5) of the decision to make the order,
may appeal against the decision to the First-tier Tribunalthe Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(2) Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—
(a) in the interests of national security,
(b) in the interests of the relationship between the United Kingdom and another country, or
(c) otherwise in the public interest.
(2A) In the case of an order made as described in subsection (1)(b), for the purposes of any rule or other provision limiting the time within which an appeal under this section may be brought, time does not start to run unless and until the person is given notice of the fact that the order has been made (see section 40(5D) and Schedule 4A).
(2B) Where—
(a) an order under section 40 is made in respect of a person, and
(b) the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997),
the order continues to have effect during the appeal period.
(2C) The appeal period is the period—
(a) beginning with—
(i) the day on which the person appeals against the decision, or
(ii) if the order is made after that day, the day on which the order is made, and
(b) ending with the day on which the appeal is finally determined, withdrawn or abandoned.
(2D) For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).
(3) The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82...of that Act—
(a) ................................
(b) ................................
(c) section 106 (rules),...
(d) section 107 (practice directions), and
(e) section 108 (forged document: proceedings in private).
(6) ................................
(7) ................................
(8) ................................
About the provision this changes
Cases citing s.40A: 65 — Rhian Bernard Guerrero v Secretary of State for Home Department [2026] EWCA Civ 953; D10 v The Secretary of State for the Home Department SC/181/2021; Secretary of State for the Home Department v Kolicaj [2025] UKSC 49
Free Movement articles: Deprivation of British nationality ↗
The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), as they continue to have effect following their revocation, are amended as set out in paragraphs 23 to 25.
23
amends
In Part 6 (appeals)—
(a)for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”;
(b)in regulation 35(1) (interpretation of Part 6), after the definition of “Commission” insert—;
“IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(c)in regulation 36(11), for “the Tribunal” substitute “the IIAA”.
Amends The Immigration (European Economic Area) Regulations 2016, Part 6 — APPEALS UNDER THESE REGULATIONS
The Immigration (European Economic Area) Regulations 2016 — Part 6
(9) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the First-tier Tribunal. IIAA.
(10) The provisions of, or made under, the 2002 Act referred to in Schedule 2 have effect for the purposes of an appeal under these Regulations to the First-tier Tribunal IIAA in accordance with that Schedule.
(11) Nothing in this Part prevents a person who has a right of appeal under this regulation from appealing to the First-tier Tribunal IIAA under section 82(1) of the 2002 Act (right of appeal to the Tribunal), or, where relevant, to the Commission pursuant to section 2 of the 1997 Act (jurisdiction of the Commission: appeals), provided the criteria for bringing such an appeal under those Acts are met.
(6) Where a certificate is issued under paragraph (2) or (4) in respect of a pending appeal to the First-tier Tribunal IIAA or Upper Tribunal the appeal must lapse.
40. Effect of appeals to the First-tier Tribunal IIAA or Upper Tribunal
(1) This regulation applies to appeals under these Regulations made to the First-tier Tribunal IIAA or Upper Tribunal.
(c) a date for P’s appeal has been set by the First-tier Tribunal IIAA or Upper Tribunal;
(d) P wants to make submissions before the First-tier Tribunal IIAA or Upper Tribunal in person; and
Amends The Immigration (European Economic Area) Regulations 2016, regulation 35 — Interpretation of Part 6
The Immigration (European Economic Area) Regulations 2016 — regulation 35
(1) In this Part—
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997;
“Commission” has the same meaning as in the 1997 Act.
“IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(2) For the purposes of this Part, and subject to paragraphs (3) and (4), an appeal is to be treated as pending during the period when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
(3) An appeal is not to be treated as finally determined while a further appeal may be brought; and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
(4) A pending appeal is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
Amends The Immigration (European Economic Area) Regulations 2016, regulation 36 — Appeal rights
The Immigration (European Economic Area) Regulations 2016 — regulation 36
(1) The subject of an EEA decision may appeal against that decision under these Regulations.
(2) If a person claims to be an EEA national, that person may not appeal under these Regulations without producing a valid national identity card or passport issued by an EEA State.
(3) If a person claims to be in a durable relationship with an EEA national, that person may not appeal under these Regulations without producing—
(a) a valid passport; and
(b) either—
(i) an EEA family permit; or
(ii) sufficient evidence to satisfy the Secretary of State that the person is in a relationship with the EEA national.
(4) If a person to whom paragraph (2) does not apply claims to be the family member of an EEA national under regulation 7, the relative of an EEA national who is an extended family member under regulation 8, or a family member who has retained the right of residence under regulation 10, that person may not appeal under these Regulations without producing—
(a) a valid passport; and
(b) either—
(i) an EEA family permit
(ii) a qualifying EEA State residence card;
(iii) in the case of a person claiming to be the family member of an EEA national, proof that the definition of “family member” in regulation 7(1) is met;...
(iv) in the case of a person claiming to be a family member who has retained the right of residence, proof that the definition of “family member who has retained the right of residence” in regulation 10(1) is met; or
(v) in the case of a person claiming to be the relative of an EEA national who is an extended family member, proof that the definition of “extended family member” in regulation 8(1) is met.
(5) If a person (“P”) claims to have a derivative right to reside, P may not appeal under these Regulations unless P produces a valid national identity card issued by an EEA State or a valid passport, and either—
(a) an EEA family permit; or
(b) where P claims to have a derivative right to reside as a result of—
(i) regulation 16(2), proof that P is a direct relative or legal guardian of an EEA national who is under the age of 18;
(ii) regulation 16(3), proof that P is the child of an EEA national;
(iii) regulation 16(4), proof that P is a direct relative or legal guardian of the child of an EEA national;
(iv) regulation 16(5), proof that P is a direct relative or legal guardian of a British citizen;
(v) regulation 16(6), proof that P is under the age of 18 and is a dependant of a person satisfying the criteria in paragraph (i), (iii) or (iv).
(6) If a person claims to be entitled to a right to reside under regulation 9 (family members or extended family members of British citizens), that person may not appeal without producing a valid passport and either—
(a) an EEA family permit; or
(b) in respect of a family member, a qualifying EEA State residence card; and
(i) proof that the criteria to be a family member of the British citizen are met; and
(ii) proof that the British citizen is residing, or did reside, in another EEA State as a worker, self-employed person, self-sufficient person or student.
(c) in respect of an extended family member—
(i) ................................
(ii) proof that—
(aa) the condition in regulation 9(1A)(b) is met;
(bb) the criteria to be an extended family member of the British citizen are met, and
(cc) the British citizen is residing, or did reside, in another EEA State as a worker, self-employed person, self-sufficient person or a student.
(7) The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (8) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act.
(8) A person may not bring an appeal under these Regulations on a ground certified under paragraph (7) or rely on such a ground in an appeal brought under these Regulations.
(9) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the First-tier Tribunal.
(10) The provisions of, or made under, the 2002 Act referred to in Schedule 2 have effect for the purposes of an appeal under these Regulations to the First-tier Tribunal in accordance with that Schedule.
(11) Nothing in this Part prevents a person who has a right of appeal under this regulation from appealing to the First-tier Tribunal under section 82(1) of the 2002 Act (right of appeal to the Tribunalthe IIAA), or, where relevant, to the Commission pursuant to section 2 of the 1997 Act (jurisdiction of the Commission: appeals), provided the criteria for bringing such an appeal under those Acts are met.
(12) Where there is a requirement under this regulation to produce an EEA family permit—
(a) where notice of appeal is given electronically, the permit may be produced either in paper or electronic form;
(b) in all other cases, the permit must be produced in paper form.
About the provision this changes
Cases citing reg.36: 9 — Secretary of State for the Home Department v William George [2024] EWCA Civ 1192; SA v The Secretary of State for the Home Department [2022] UKUT 132 (IAC); Mendes, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 115 (Admin)
Free Movement articles: Appeals to the First-tier Tribunal ↗
24
amends
In Schedule 2 (appeals)—
(a)in the heading, for “First-tier Tribunal” substitute “IIAA”;
(b)in paragraph 1—
(i)for “First-tier Tribunal” substitute “IIAA”;
(ii)for “the Tribunal” substitute “the IIAA”;
(c)omit paragraph 1A;
(d)in paragraph 3, for the words from the beginning to “2007” substitute “IIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026”.
Amends The Immigration (European Economic Area) Regulations 2016, Schedule 2 — APPEALS TO THE FIRST-TIER TRIBUNAL
The Immigration (European Economic Area) Regulations 2016 — Schedule 2
APPEALS TO THE FIRST-TIER TRIBUNAL IIAA
1. The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal IIAA as if it were an appeal against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)— IIAA)—
section 84 (grounds of appeal), as though the sole permitted grounds of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);
section 85 (matters to be considered), as though—
(a) the references to a statement under section 120 of the 2002 Act include, but are not limited to, a statement under that section as applied by paragraph 2; and
(b) a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;
section 86 (determination of appeal);
section 105 and any regulations made under that section; and
section 106 and any rules made pursuant to that section.
1A. Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
2.
(1) Section 92(3) of the 2002 Act has effect as though an additional basis upon which an appeal under section 82(1)(b) of that Act (human rights claim appeal) must be brought from outside the United Kingdom were that—
(a) the claim to which that appeal relates arises from an EEA decision or the consequences of an EEA decision; and
(b) the removal of that person from the United Kingdom has been certified under regulation 33 (human rights considerations and interim orders to suspend removal).
(2) Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act.
(3) Where section 120 of the 2002 Act so applies, it has effect as though—
(a) subsection (3) also provides that a statement under subsection (2) need not repeat reasons or grounds relating to the EEA decision under challenge previously advanced by P;
(b) subsection (5) also applies where P does not have a right to reside.
(4) For the purposes of an appeal brought under section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s right under the EU Treaties in respect of entry into or residence in the United Kingdom.
3. Tribunal Procedure Rules made under section 22 of the Tribunals, Courts and Enforcement Act 2007IIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026 have effect in relation to appeals under these Regulations.
About the provision this changes
Cases citing Sch.2: 5 — Emilio Branco-Bonfim, R (on the application of) v Secretary of State for the Home Department [2024] EWCA Civ 1421; Adekunle Oluwaseun Osunneye v Secretary of State for the Home Department [2023] UKUT 162 (IAC); The Secretary of State for the Home Department v Ramadan Maher Hafez Mohamed Elais [2022] UKUT 300 (IAC)
25
amends
In Schedule 7 (consequential modifications), for “First-tier Tribunal”, in each place it occurs, substitute “IIAA”.
Amends The Immigration (European Economic Area) Regulations 2016, Schedule 7 — CONSEQUENTIAL MODIFICATIONS
The Immigration (European Economic Area) Regulations 2016 — Schedule 7
(3) This paragraph is of no application where the reference to the 2006 Regulations had the effect of amending the 2006 Regulations. Additionally this paragraph has no application to amendments to the 2006 Regulations made under Schedule 5 of these Regulations. Table of equivalences(1) (2) (3) Provision in the 2006 Regulations Corresponding provision in these Regulations Description of provision 1 1(1) to (2) Citation and commencement 2(3) 2(2) General interpretation 3(3) 3(3)(c) Continuity of residence 4(2) 4(2) and (3) “Worker”, “self-employed person”, “self-sufficient person” and “student” 4(4) 4(2) and (4) 6(2)(ba) 6(2)(c) “Qualified person” 6(2)(c) 6(2)(d) 6(2)(d) 6(2)(e) 6(2A) 6(3) 6(3) 6(4) 6(4) and 6(8) Relevant definitions in 6(1) 6(9) 6(8) 6(10) 6(9) 6(11) 6(10) 8(2) 8(2) and (7) Extended family member 8(3) 8(3) and (7) 9(1) 9(1) and (7) Family members of British citizens 9(3)(a) to (c) 9(3)(a) to (e) 9(4) 9(5) 11(4)(ba) 11(4)(c) Right of admission to the United Kingdom 11(4)(c) 11(4)(d) 12(1A) 12(2) Issue of EEA family permit 12(1B) 12(3)(a) 12(2) 12(4) 12(3) 12(5) 12(4) 12(6) 12(5) 12(7) 12(6) 12(8) 14(5) 14(4) Extended right of residence 15(1A) 15(2) Right of permanent residence 15(2) 15(3) 15(3) 15(4) 15A 16 Derivative right to reside 15A(1) 16(1) 15A(2) 16(2) 15A(3) 16(3) 15A(4) 16(4) 15A(4A) 16(5) 15A(5) 16(6) 15A(6) 16(7) 15A(7) 16(8) 15A(7A) 16(9) 15A(7B) 16(10) 15A(8) 16(11) 15A(9) 16(12) 16 17 Issue of registration certificate 16(8) 17(9) 17 18 Issue of residence card 17(6A) 18(7) 18 19 Issue of a document certifying permanent residence and a permanent residence card 18(5) 19(4)(b) 18(6) 19(5) 18A 20 Issue of a derivative residence card 18A(5) 20(6) 19 23 Exclusion and removal from the United Kingdom 19(1A) 23(2) 19(1AB) 23(3) 19(1B) 23(5) 19(2) 23(4) 19(3) 23(6) 19(4) 23(7)(a) 19(5) 23(7)(b) 20 24 Refusal to issue or renew and revocation of residence documentation 20(1A) 24(2) 20(2) 24(3) 20(3) 24(4) 20(4) 24(5) 20(5) 24(6) 20(6) 24(7) 20A 25 Cancellation of a right of residence 20B 22 Verification of a right of residence 20B(8) Relevant definition in 2(1) 21 27 Decisions taken on public policy, public security and public health grounds 21(5) 27(5) and (8) and Schedule 1 21A 28 Application of Part 4 to persons with a derivative right to reside 21A(1) 28(2) 21A(2) 28(1) 21A(3)(c) 28(2)(a) 21A(3)(d) 28(2)(b) 21A(3)(f) 28(2)(c) 21A(3)(g) 28(2)(d) 21B 26 Misuse of a right to reside 21B(1) 26(1) and (2) 21B(2) 26(3) 21B(3) 26(4) 21B(4) 26(5) 21B(5) 26(6) 21B(6) Relevant definition in 2(1) 22 29 Person claiming right of admission 23 30 Person refused admission 23A 31 Revocation of admission 24 32 Person subject to removal 24A 34 Revocation of deportation and exclusion orders 24A(1) 34(1) and (2) 24A(2) 34(3) 24A(3) 34(4) 24A(4) 34(5) 24A(5) 34(6) 24AA 33 Human rights considerations and interim orders to suspend removal 25 35 Interpretation of Part 6 26 36 Appeal rights 26(2A) 36(3) 26(3) 36(4) 26(3A) 36(5) 26(4) 36(8) 26(5) 36(7) 26(6) 36(9) 26(7) 36(10) 26(8) 36(11) 27 37 Out of country appeals 27(1)(zaa) 37(1)(b) 27(1)(aa) 37(1)(c) 27(1)(b) 37(1)(d) 27(1)(c) 37(1)(e) 27(1)(ca) 37(1)(f) 27(1)(d) 37(1)(g) 28 38 Appeals to the Commission 28(8) 38(8) and (9) 28A 39 National security: EEA Decisions 29 40 Effect of appeals to the First-tier Tribunal IIAA or Upper Tribunal 29(4A) 40(5) 29(5) 40(6) 29A 42 Alternative evidence of identity and nationality 29AA 41 Temporary admission in order to submit case in person 30 43 Effect on other legislation 31 45 and 46 Revocations etc. Schedule 1 Schedule 2 Appeals to the First-tier Tribunal IIAA Schedule 1, paragraph 1 Schedule 2, paragraph 2 Schedule 1, paragraph 2 Schedule 2, paragraph 3 Schedule 2 Schedule 3 Effect on other legislation Schedule 2, paragraph 1(2) Schedule 3, paragraph 1 Schedule 2, paragraph 3 Schedule 3, paragraph 3 Schedule 2, paragraph 4 Schedule 2, paragraph 2
The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) are amended as set out in paragraphs 27 to 32.
27
amends
In regulation 2 (interpretation)—
(a)after the definition of “healthcare leave” insert—;
“the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(b)in the definition of “relevant authority”, in paragraph (b), for “the Tribunal” substitute “the IIAA”;
(c)omit the definition of “the Tribunal”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, regulation 2 — Interpretation
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — regulation 2
(1) In these Regulations—
“the 1971 Act” means the Immigration Act 1971;
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“the 1972 Order” means the Immigration (Control of Entry through Republic of Ireland) Order 1972;
“the 2020 Regulations” means the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
“appealable decision” means a decision which may be appealed against under these Regulations;
“appellant” means a person who brings an appeal under these Regulations;
“Appendix S2” means Appendix S2 Healthcare Visitor to the immigration rules;
“frontier worker” has the meaning given in regulation 3 of the 2020 Regulations;
“frontier worker permit” has the meaning given in regulation 2 of the 2020 Regulations;
“healthcare entry clearance” means entry clearance granted by virtue of Appendix S2 for the purpose of acquiring leave to enter or remain in the United Kingdom by virtue of that Appendix;
“healthcare leave”, in relation to a person (“P”), means leave to enter or remain in the United Kingdom granted to P by virtue of Appendix S2;
“the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(a)Article 32(1)(b) of the withdrawal agreement,
(b)Article 31(1)(b) of the EEA EFTA separation agreement, or
(c)Article 26a(1)(b) of the Swiss citizens' rights agreement;
“relevant authority” means—
(a) where the appeal under these Regulations lies to the Special Immigration Appeals Commission, the Commission;
(b) otherwise, the Tribunalthe IIAA;
“scheme entry clearance” means entry clearance granted by virtue of relevant entry clearance immigration rules;
(a)a valid national identity card issued by an EEA state, or
(b)a valid passport issued by an EEA state.
(1A) For the purposes of the definition of “valid identity document”, “EEA state” means—
(a) a member State, or
(b) Iceland, Liechtenstein, Norway or Switzerland.
(2) References in these Regulations to an appeal which is pending are to be read in accordance with regulation 13.
28
amends
In Part 2 (appeals in respect of citizens’ rights immigration decisions), for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Part 2 — Appeals in respect of citizens' rights immigration decisions
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Part 2
7. Appeal to the Tribunal IIAA or the Special Immigration Appeals Commission
(1) An appeal under these Regulations lies to the Tribunal. IIAA.
11. Application of the 2002 Act to appeals to the Tribunal IIAA Schedule 2 makes provision for the application of the 2002 Act to appeals to the Tribunal. IIAA.
(a) where the appeal is before the Tribunal, IIAA, means Tribunal Procedure Rules;
About the provision this changes
Cases citing Part 2: 1 — MD Yousef Ali & Ors v Secretary of State for the Home Department [2022] UKUT 278 (IAC)
29
amends
In that Part, in regulation 13 (pending appeal)—
(a)in paragraph (2)—
(i)in sub-paragraph (a), for “section 11 or” substitute “section 7 of the Immigration and Asylum Act 2026 or section”;
(ii)in sub-paragraph (c), for “that Act” substitute “the Tribunals, Courts and Enforcement Act 2007”;
(b)in paragraph (6), in the definition of “the relevant rules”, in paragraph (a), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, regulation 13 — Pending appeal
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — regulation 13
(1) An appeal under these Regulations is to be treated as pending during the period which—
(a) begins when the notice of appeal is given in accordance with the relevant rules, and
(b) ends when the appeal is finally determined, withdrawn or abandoned (or lapses under paragraph 3 of Schedule 1).
(2) An appeal is not finally determined for the purposes of paragraph (1)(b) while (as the case may be)—
(a) an application for permission to appeal under section 11 orsection 7 of the Immigration and Asylum Act 2026 or section 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination,
(c) an appeal has been remitted under section 12 or 14 of that Actthe Tribunals, Courts and Enforcement Act 2007 and is awaiting determination,
(d) any of the following applications could be made—
(i) an application for leave to appeal under section 7 of the applied 1997 Act;
(ii) an application for a certificate under section 7B of the applied 1997 Act;
(iii) an application for permission to appeal under section 7C of the applied 1997 Act, or
(e) leave to appeal under section 7, or permission to appeal under section 7C, of the applied 1997 Act has been granted and the appeal is awaiting determination.
(3) An appeal under regulations 3 to 6 is to be treated as abandoned if the appellant (“A”) is granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.
(4) But paragraph (3) does not apply where—
(a) A is not granted indefinite leave to enter or remain in the United Kingdom, or A's indefinite leave to enter or remain in the United Kingdom is cancelled or revoked, and
(b) A gives notice, in accordance with the relevant rules, that A wishes to pursue the appeal insofar as it relates to a decision not to grant A, or to cancel or revoke A's, indefinite leave to enter or remain in the United Kingdom.
(4A) An appeal under regulation 6A is to be treated as abandoned if the appellant is issued with a frontier worker permit.
(4B) An appeal under regulation 6B is to be treated as abandoned if the appellant is admitted to the United Kingdom under regulation 6 of the 2020 Regulations.
(4C) An appeal under regulations 6G to 6J is to be treated as abandoned if the appellant—
(a) is granted leave to enter or remain in the United Kingdom by virtue of Appendix S2, or
(b) obtains leave to enter the United Kingdom by passing through an automated gate in accordance with article 8B of the Immigration (Leave to Enter and Remain) Order 2000 as a person seeking to enter the United Kingdom as an S2 Healthcare Visitor under Appendix S2.
(4D) An appeal under regulation 6G(d) is also to be treated as abandoned if the appellant's leave to enter or remain in the United Kingdom granted by virtue of Appendix S2 is varied, however that variation may have effect, so that the appellant has leave to enter or remain under Appendix S2.
(4E) An appeal under regulation 6I or 6J is also to be treated as abandoned if the Secretary of State agrees that Article 5 of the 1972 Order applies to the appellant.
(5) An appeal under these Regulations is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
(6) In this regulation—
“the applied 1997 Act” means the 1997 Act as it applies for the purposes of these Regulations by virtue of Part 2 of Schedule 1;
“the relevant rules”—
(a) where the appeal is before the Tribunal, means Tribunal Procedure RulesIIAA Procedure Rules made under section 4 of the Immigration and Asylum Act 2026;
(b) where the appeal is before the Special Immigration Appeals Commission, means rules made under section 5 of the 1997 Act, insofar as they apply in relation to an appeal under these Regulations, or rules made under section 5 of the applied 1997 Act.
30
amends
(1)Schedule 2 (application of the 2002 Act) is amended as follows.
(2)In the heading, for “the Tribunal” substitute “the IIAA”.
(3)In the heading before paragraph 1, for “the Tribunal” substitute “the IIAA”.
(4)In paragraph 1—
(a)in the words before paragraph (a), for “the Tribunal” substitute “the IIAA”;
(b)omit sub-paragraph (ba).
(5)In paragraph 2 (general modifications), in sub-paragraph (1), for “the Tribunal” substitute “the IIAA” in each place it occurs.
(6)In paragraph 3 (specific modifications)—
(a)in sub-paragraph (2)(a), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(b)in sub-paragraph (3)—
(i)in paragraph (a), for “the First-tier Tribunal (“the Tribunal”)” substitute “the Independent Immigration Appeals Authority (“the IIAA”)”;
(ii)in paragraph (b), for “the Tribunal” substitute “the IIAA”;
(c)in sub-paragraph (5)(a), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(d)omit sub-paragraph (5A);
(e)in sub-paragraph (10), for “the Tribunal” substitute “the IIAA”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Schedule 2 — Application of the 2002 Act to appeals to the Tribunal
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Schedule 2
Application of the 2002 Act to appeals to the Tribunal IIAA
Application of provisions of the 2002 Act in connection with appeals to the Tribunal IIAA
1. The following provisions of the 2002 Act apply in connection with an appeal to the Tribunalthe IIAA under these Regulations as they apply in connection with an appeal under section 82(1) of that Act (but subject to the general modifications specified in paragraph 2 and the specific modifications specified in paragraph 3)—
(a) section 72;
(b) sections 78 to 79;
(ba) section 86B;
(c) section 105 and any regulations made under that section;
(d) section 106 and any rules made pursuant to that section;
(e) sections 107 and 108;
(f) sections 112 and 113;
(g) section 120.
General modifications
2.
(1) The provisions mentioned in paragraph 1 have effect as if—
(a) references to “this Act”, or provisions of the 2002 Act, were references to the Act, or provisions of it, as applied by this Schedule;
(b) references to an appeal under section 82 or section 82(1), however expressed, were references to an appeal to the Tribunal IIAA under these Regulations;
(c) references to proceedings under section 82 were references to proceedings before the Tribunal IIAA under these Regulations.
(2) But—
(a) sub-paragraph (1)(a) does not apply to the reference to section 84 of the 2002 Act inserted by paragraph 3(2) of this Schedule;
(b) sub-paragraph (1) is also subject to the specific modifications made in paragraph 3.
Specific modifications
3.
(1) The specific modifications to the provisions of the 2002 Act are as follows.
(2) Section 72 has effect as if—
(a) in subsection (9), for paragraph (a), there were substituted—(a)a person appeals to the First-tier TribunalIndependent Immigration Appeals Authority under the 2020 Regulations against a decision and makes a section 120 statement (within the meaning of regulation 9 of those Regulations) which relies wholly or partly on the ground of appeal mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and;
(b) in subsection (10), “or Commission” were omitted.
(3) Section 78 has effect as if—
(a) in subsection (1), for “appeal under section 82(1)” there were substituted “ appeal to the First-tier Tribunal (“the Tribunal”)the Independent Immigration Appeals Authority (“the IIAA”) under the 2020 Regulations ”;
(b) after subsection (1), there were inserted—(1A)But subsection (1) does not apply in relation to a relevant appellant. (1B)A person is a “relevant appellant” for the purposes of this section if— (a)the person's removal is certified under regulation 16(3) or 16A(3) of the 2020 Regulations, and (b)the relevant appealable decision in respect of which the person's removal is certified in accordance with that provision is the decision in relation to which the appeal to the Tribunalthe IIAA under the 2020 Regulations is pending. (1C)A relevant appellant may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts before the end of the relevant period except— (a)in a duly substantiated case of urgency, (b)where they are detained pursuant to the sentence or order of any court, or (c)where they have entered the United Kingdom and are removable as an illegal entrant under Schedule 2 to the Immigration Act 1971. But those exceptions do not apply at any time when the removal of the appellant is prohibited under subsection (1F). (1D)For the purposes of subsection (1C), “the relevant period” is the period of one month beginning with the day on which the relevant appellant is notified of the decision to remove them. (1E)Subsection (1F) applies to a relevant appellant who applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the decision to remove them from the United Kingdom. (1F)A relevant appellant to whom this subsection applies may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts until such time as the decision on the interim order has been taken unless— (a)the decision to remove them is based on a previous judicial decision, (b)they have had previous access to judicial review, or (c)the decision to remove them is based on imperative grounds of public security.;
(c) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”;
(d) in subsection (4), for “section 92” there were substituted “ the 2020 Regulations ”;
(e) after subsection (4), there were inserted—(5)Nothing in this section prevents the removal from the United Kingdom of a person who is admitted to the United Kingdom on bail pursuant to Schedule 3 to the 2020 Regulations..
(4) Section 78A(3)(b) has effect as if for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”.
(5) Section 79 has effect as if—
(a) in subsection (1), for the words from “section 82(1)” to “relating to” there were substituted “ the 2020 Regulations to the First-tier TribunalIndependent Immigration Appeals Authority against ”;
(b) after subsection (1), there were inserted—(1A)But subsection (1) does not prevent the Secretary of State making a deportation order in respect of a person (“P”) if— (a)P's removal is certified under regulation 16(3) of the 2020 Regulations, and (b)the decision to make the deportation order in respect of P is the relevant appealable decision in respect of which P's removal was certified under that provision.;
(c) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”.
(5A) Section 86B has effect as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
(6) Section 105 has effect as if, in subsection (4), for the words from “means” to the end there were substituted “ has the meaning given in regulation 2 of the 2020 Regulations ”.
(7) Section 106 has effect as if, in subsections (3) and (4), “or by virtue of section 109” were omitted.
(8) Section 107(3) has effect as if “or by virtue of section 109” were omitted.
(9) Section 113 has effect as if, before the definition of “asylum claim”, there were inserted—“the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;.
(10) Section 120(6) has effect as if at the end of the definition of “grounds” in subsection (6) there were inserted “, or on which an appeal to the Tribunalthe IIAA under the 2020 Regulations may be brought (see regulation 8 of those Regulations) ”.
About the provision this changes
Cases citing Sch.2: 1 — Taulant Dani v Secretary of State for the Home Department [2023] UKUT 293 (IAC)
31
amends
In Schedule 3 (admission on bail to the United Kingdom to make submissions in person in connection with an appeal), in paragraph 1(2), for “the Tribunal”, in each place it occurs, substitute “the IIAA”.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Schedule 3, para 1 — 1.
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Schedule 3, para 1
(1) An appellant (“A”) may apply to the Secretary of State for permission to be admitted on bail to the United Kingdom in order to make submissions in person at a hearing if the conditions in sub-paragraph (2) are satisfied.
(2) The conditions are—
(a) that the Secretary of State has certified A's removal from the United Kingdom under regulation 16(3) or 16A(3),
(b) the hearing forms part of the proceedings on, or in connection with, an appeal to the Tribunal IIAA against the appealable decision in respect of which A's removal was certified under regulation 16(3) or 16A(3),
(c) a date for the hearing has been set by the Tribunal, IIAA, the Upper Tribunal or the court (as the case may be) before which the hearing is to take place, and
(d) A is outside the United Kingdom.
(3) The Secretary of State must give such permission to A unless A's appearance may cause serious troubles to public policy or public security.
(4) The Secretary of State must have regard to the dates on which A will be required to make submissions in person when determining—
(a) when A is entitled to be given permission, and
(b) the duration of A's admission on bail, should permission be given.
(5) Nothing in this paragraph affects any power of the Secretary of State to remove A from the United Kingdom while A's appeal is pending if—
(a) A is admitted on bail to the United Kingdom under this paragraph, and
(b) the relevant hearing has taken place.
(6) If A is removed from the United Kingdom while A's appeal is pending, A is not prevented from applying for admission to the United Kingdom on bail in order to make submissions in person at any subsequent hearing in accordance with this paragraph.
32
amends
In Schedule 4 (consequential amendments), omit paragraph 6 (amendment of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.
Amends The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Schedule 4, para 6 — 6.
The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 — Schedule 4, para 6
(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are amended as follows.
(2) In rule 1, after the definition of “the 2007 Act” insert—“the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;.
(3) In rule 16—
(a) after paragraph (1) insert—(1A)A party to an appeal under the 2020 Regulations must also notify the Tribunal if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.;
(b) in paragraph (2), after “2006 Regulations” insert “ or regulation 13(3) of the 2020 Regulations ”;
(c) in paragraph (3), after “the 2002 Act” insert “ or regulation 13(3) of the 2020 Regulations ”.
(4) In rule 19, after paragraph (3), insert—(3A)But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens' rights immigration decision. “A citizens' rights immigration decision” is a decision which can be appealed against under the 2020 Regulations. (3B)The notice of appeal in relation to an appeal against a citizens' rights immigration decision must be received— (a)if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision; (b)if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision. But this paragraph is subject to paragraph (3D). (3C)Paragraph (3D) applies where— (a)a person (“P”) applies for an administrative review of a citizens' rights immigration decision (“the original decision”) under the relevant rules, and (b)P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision. (3D)Where this paragraph applies, the notice of appeal against the original decision must be received— (a)if P is in the United Kingdom, not later than 14 days after P is sent the notice of the decision on administrative review; (b)if P is outside the United Kingdom, not later than 28 days after P receives the notice of the decision on administrative review. (3E)In this rule, “the relevant rules” means residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020)..
The Northern Ireland Act 1998 is amended as set out in paragraphs 34 and 35.
34
amends
In section 75 (statutory duty on public bodies)—
(a)in subsection (3), before paragraph (d) insert—;
(cg)the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(b)after subsection (4A) insert—
(4B)The references in subsections (1) and (2) and Schedule 9 to the functions of the Independent Immigration Appeals Authority do not include a judicial function or a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.
Amends Northern Ireland Act 1998, section 75 — Statutory duty on public authorities.
Northern Ireland Act 1998 — section 75
(1)
A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
(b) between men and women generally;
(c) between persons with a disability and persons without;
and
(d) between persons with dependants and persons without.
(2) Without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to Northern Ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.
(3) In this section “public authority” means—
(a) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the Secretary of State;
(b) any authority (other than the Equality Commission, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);
(ba) the Independent Commission for Reconciliation and Information Recovery;
(cc) ... the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;
(cd) the Director of Public Prosecutions for Northern Ireland;
(ce) ................................
(cf) ................................
(cg) the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(d) any other person designated for the purposes of this section by order made by the Secretary of State.
(3A) An order under subsection (3)(a) or (d) may provide that the designated department, corporation, body or other person—
(a) is not subject to, or is only subject to, specified obligations under subsection (1) or (2), or
(b) is not subject to, or is only subject to, specified obligations under subsection (1) or (2)—
(i) when exercising a specified function, or
(ii) when exercising a specified function in specified circumstances or for specified purposes.
(3B) In subsection (3A) “specified” means specified in the order.
(4) Schedule 9 (which makes provision for the enforcement of the duties under this section) shall have effect.
(4A) The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).
(4B) The references in subsections (1) and (2) and Schedule 9 to the functions of the Independent Immigration Appeals Authority do not include a judicial function or a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.
(5) In this section—
“disability” has the same meaning as in the Disability Discrimination Act 1995; and
“racial group” has the same meaning as in the Race Relations (Northern Ireland) Order 1997.
35
amends
In section 76 (discrimination by public authorities), in subsection (7), after paragraph (ea) insert—.
(eb)the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
Amends Northern Ireland Act 1998, section 76 — Discrimination by public authorities.
Northern Ireland Act 1998 — section 76
(1) It shall be unlawful for a public authority carrying out functions relating to Northern Ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion.
(2) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—
(a) grant damages;
(b) subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
(3) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant—
(a) contravened this section on the occasion complained of and on more than one previous occasion; and
(b) is likely to contravene this section again unless restrained by an injunction.
(4) This section does not apply in relation to any act or omission which is unlawful by virtue of the Fair Employment and Treatment (Northern Ireland) Order 1998, or would be unlawful but for some exception made by virtue of Part VIII of that Order.
(5) Subsection (1) applies to the making, confirmation or approval of subordinate legislation only if—
(a) the legislation contains a provision which discriminates against a person or class of person on the ground of religious belief or political opinion; and
(b) the provision extends only to the whole or any part of Northern Ireland.
(6) Where it is alleged that subsection (1) applies to the making, confirmation or approval of subordinate legislation, subsection (2) shall not apply but the contravention may be relied upon in legal proceedings relating to the validity of the subordinate legislation.
(7) The following are public authorities for the purposes of this section—
(a) a Minister of the Crown;
(b) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation);
(c) any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);
(ca) the Independent Commission for Reconciliation and Information Recovery;
(e) the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve and the Police Ombudsman for Northern Ireland;
(ea) the Director of Public Prosecutions for Northern Ireland;
(eb) the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026;
(f) ................................
(fa) ................................
(fb) ................................
(g) a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) so far as carrying out functions in connection with the provision of a universal postal service (within the meaning of that Part).
(8) This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued.
(9) No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings.
(10) Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.
(11) The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).
36
amends
In section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal)—
(a)in subsection (10), for “Tribunal” substitute “Authority”;
(b)in subsection (10A), at the end insert “(as applied by section 7(4) of the Immigration and Asylum Act 2026)”.
Amends Nationality, Immigration and Asylum Act 2002, section 72 — Serious criminal
Nationality, Immigration and Asylum Act 2002 — section 72
(1) This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from prohibition of expulsion or return).
(2) A person is convicted by a final judgment of a particularly serious crime... if he is—
(a) convicted in the United Kingdom of an offence, and
(b) sentenced to a period of imprisonment of at least 12 months.
(3) A person is convicted by a final judgment of a particularly serious crime... if—
(a) he is convicted outside the United Kingdom of an offence,
(b) he is sentenced to a period of imprisonment of at least 12 months, and
(c) he could have been sentenced to a period of imprisonment of at least 12 months had his conviction been a conviction in the United Kingdom of a similar offence.
(4) A person is convicted by a final judgment of a particularly serious crime... if—
(a) he is convicted of an offence specified by order of the Secretary of State, or
(b) he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).
(5) An order under subsection (4)—
(a) must be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and
(b) the person is not, by virtue of the conviction, a person falling within subsection (2).
(5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted outside the United Kingdom of an offence,
(b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and
(c) the person is not, by virtue of the conviction, a person falling within subsection (3).
(5A) A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.
(5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.
(6) A presumption under subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B) that a person constitutes a danger to the community is rebuttable by that person.
(7) A presumption under subsection (5ZA), (5ZB), (5A) or (5B) does not apply while an appeal against conviction or sentence—
(a) is pending, or
(b) could be brought (disregarding the possibility of appeal out of time with leave).
(8) Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption under subsection (5A) or (5B) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.
(9) Subsection (10) applies where—
(a) a person appeals under section 82... of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) wholly or partly on the ground mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and
(b) the Secretary of State issues a certificate that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies to the person (subject to rebuttal).
(10) The... TribunalAuthority or Commission hearing the appeal—
(a) must begin substantive deliberation on the appeal by considering the certificate, and
(b) if in agreement that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).
(10A) Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007. 2007 (as applied by section 7(4) of the Immigration and Asylum Act 2026)
(11) For the purposes of this section—
(a) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
(b) a reference to a person who is sentenced to a period of imprisonment of at least 12 months —
(i) does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect),
(ia) does not include a reference to a person who is sentenced to a period of imprisonment of at least 12 months only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than 12 months,
(ii) includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and
(iii) includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for 12 months).
About the provision this changes
Cases citing s.72: 103 — Secretary of State for the Home Department v CP [2026] EWCA Civ 892; A1 v Secretary of State for the Home Department [2026] EWCA Civ 807; Secretary of State for the Home Department v OSB [2026] EWCA Civ 647
Free Movement articles: Expulsion ↗; Convicted murderer excluded from protection of Refugee Convention ↗
37
amends
In section 98 of the Courts Act 2003 (register of judgments and orders etc), in subsection (1)(f) —
(a)omit the “or” at the end of sub-paragraph (iii);
(b)at the end of sub-paragraph (iv) insert.
“, or”
(v)the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026,
Amends Courts Act 2003, section 98 — Register of judgments and orders etc.
Courts Act 2003 — section 98
(1) A register is to be kept, in accordance with regulations, of—
(a) judgments entered in the High Court;
(b) judgments entered in the county court;
(c) administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county court to make administration orders);
(d) orders restricting enforcement made under section 112A of that Act (power of county court to restrict enforcement of debts in lieu of administration order);
(e) sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.
(f) a decision or award of—
(i) the First-tier Tribunal,
(ii) the Upper Tribunal,
(iii) an employment tribunal, or
(iv) the Employment Appeal Tribunal,
, or
(v) the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026,
in pursuance of which any sum is payable.
(2) “Regulations” means regulations made by the Lord Chancellor for the purposes of this section.
(3) The regulations may—
(a) provide for prescribed classes of judgments, orders, decisions, awards or adjudged sums to be exempt from registration;
(b) prescribe circumstances in which judgments, orders, decisions, awards or adjudged sums (or classes of them) are to be exempt from registration;
(c) prescribe circumstances in which an entry in the register is to be cancelled;
(d) in the case of sums adjudged to be paid by conviction of a magistrates' court or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f), provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.
(4) The Lord Chancellor may fix charges to be made for—
(a) making information in an entry in the register available for inspection;
(b) carrying out an official search of the register;
(c) supplying a certified copy of information in an entry in the register.
(5) The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.
(6) If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.
(7) If, under subsection (6), the register is kept by a body corporate—
(a) the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,
(b) subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and
(c) subsection (5) does not apply.
(8) If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.
38
amends
In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) (civil legal services: excluded services), in paragraph 2(ia) —
(a)for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(b)for paragraph (iv) substitute—.
(iv)the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation,
Amends Access to Justice (Northern Ireland) Order 2003, Schedule 2, para 2 — 2.
Access to Justice (Northern Ireland) Order 2003 — Schedule 2, para 2
The Department may not fund services consisting of representation in any proceedings, except, subject to paragraph 4, such proceedings as are specified in sub-paragraphs (a) to (j)—
(a) proceedings in—
(i) theSupreme Court in the exercise of its jurisdiction in relation to any appeal from Northern Ireland,
(ii) ................................
(iii) the Court of Appeal,
(iv) the High Court, or
(v) any county court,
(b) proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within sub-paragraph (a),
(ba) proceedings in the Crown Court for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997;
(bb) proceedings in the Crown Court for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;
(c) proceedings in the Crown Court under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,
(d)
proceedings in a court of summary jurisdiction—
(i) for or relating to an order under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945 or the Domestic Proceedings (Northern Ireland) Order 1980 or the Family Homes and Domestic Violence (Northern Ireland) Order 1998 or Schedule 16 to the Civil Partnership Act 2004,
(ii) under section 22 of the Maintenance Orders Act 1950 or section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966,
(iii) under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,
(iv) such as are referred to in paragraph (i) and are brought by virtue of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972,
(v) which are debt or ejectment proceedings within the meaning of Part VI of the Magistrates' Courts (Northern Ireland) Order 1981, other than proceedings under Article 62(2) of that Order,
(vi) under section 97, 143 or 144(1) of the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995,
(vii) under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 101 of the Social Security Administration (Northern Ireland) Act 1992,
(viii) which are appeals under Article 22 of the Child Support (Northern Ireland) Order 1991, so far as such appeals are to be made to a court of summary jurisdiction by virtue of Article 2 of the Child Support Appeals (Jurisdiction of Courts) Order (Northern Ireland) 1993,
(ix) under Article 28 of the Child Support (Northern Ireland) Order 1991,
Sub para. (x) rep. by 2003 c. 42
(xi) for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001,...
(xii) for an order or direction under section 195M, 215A, 295, 297, 297E, 297F, 298, 301 or 302 of the Proceeds of Crime Act 2002,...
(xiii) under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,
(xiv) for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or
(xv) which relate to a direction under section 215D of the Proceeds of Crime Act 2002,
(xvi) for the variation or discharge of an order under Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997,
(xvii) for an order or the variation, renewal or discharge of an order under paragraph 5 or 10 of Schedule 5 to the Counter-Terrorism Act 2008,
(xviii) for the discharge of an investigation anonymity order under section 80 of the Coroners and Justice Act 2009,
(xix) for the variation or discharge of a witness anonymity order under section 91 or 92 of the Coroners and Justice Act 2009;
(xx) ................................
(xxi) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015;
(xxii) under Article 44 or 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989;
(xxiii) under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000;
(xxiv) under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;
(xxv) under paragraph 2, 6 or 7 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;
(xxvi) under section 57, 60 or 61 of the Justice Act (Northern Ireland) 2015;
(e) proceedings in any devolution issue (within the meaning of Schedule 10 to the Northern Ireland Act 1998, Schedule 8 to the Government of Wales Act 1998 or Schedule 6 to the Scotland Act 1998) before any court in Northern Ireland,
(f) proceedings brought by an individual before the Proscribed Organisations Appeal Commission,
(g) proceedings before the Mental Health Review Tribunal,
(h) proceedings in the Lands Tribunal for Northern Ireland,
(hh) proceedings under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;
(i) proceedings before... the Special Immigration Appeals Commission,
(ia) proceedings before the First-tier TribunalIndependent Immigration Appeals Authority under—
(i) Schedule 10 to the Immigration Act 2016;
(ii) section 40A of the British Nationality Act 1981;
(iii) Part 5 of the Nationality, Immigration and Asylum Act 2002; or
(iv) regulation 26 of the Immigration (European Economic Area) Regulations 2006,
(iv) the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation,
(ib) proceedings before the Upper Tribunal arising out of proceedings within sub-paragraph (ia),
(j) proceedings in the Enforcement of Judgments Office in connection with any proceedings mentioned in sub-paragraphs (a) to (i).
(ja) proceedings before the Parole Commissioners for Northern Ireland;
(jb) proceedings before the Care Tribunal under Article 11, 12, 42 or 43 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or regulation 10 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007;
(jc) proceedings under Part 13A of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995.
(k) ................................
39
amends
In section 55 of the Immigration, Asylum and Nationality Act 2006 (Refugee Convention: certification)—
(a)in subsection (3), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority”;
(b)in subsection (4), for “Tribunal” substitute “Authority”;
(c)in subsection (5), for “Tribunal” substitute “Authority”;
(d)in subsection (5A), at the end insert “(as applied by section 7(4) of the Immigration and Asylum Act 2026)”.
Amends Immigration, Asylum and Nationality Act 2006, section 55 — Refugee Convention: certification
Immigration, Asylum and Nationality Act 2006 — section 55
(1) This section applies to an asylum appeal where the Secretary of State issues a certificate that the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention because—
(a) Article 1(F) applies to him (whether or not he would otherwise be entitled to protection), or
(b) Article 33(2) applies to him on grounds of national security (whether or not he would otherwise be entitled to protection).
(2) In this section—
(a) “asylum appeal” means an appeal—
(i) which is brought under section 82... of the Nationality, Immigration and Asylum Act 2002 (c. 41) or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), and
(ii) which is brought on the ground mentioned in section 84(1)(a) or (3)(a) of that Act (breach of United Kingdom's obligations under the Refugee Convention);
(b) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951.
(3) The First-tier TribunalIndependent Immigration Appeals Authority or the Special Immigration Appeals Commission must begin substantive deliberations on the asylum appeal by considering the statements in the Secretary of State's certificate.
(4) If the TribunalAuthority or Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to an asylum claim (before considering any other aspect of the case).
(5) Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (serious criminal: TribunalAuthority or Commission to begin by considering certificate) shall have effect subject to subsection (3) above.
(5A) Subsections (3) and (4) also apply in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007. 2007 (as applied by section 7(4) of the Immigration and Asylum Act 2026)
(6) Section 33 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (certificate of non-application of Refugee Convention) shall cease to have effect.
About the provision this changes
Cases citing s.55: 18 — KM v The Secretary of State for the Home Department [2022] UKUT 125 (IAC); S2 v The Secretary of State for the Home Department SC/128/2016; O3 v The Secretary of State for the Home Department SC/147/2018
40
amends
In Part 1 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (Tribunal Procedure Rules), after paragraph 10 insert—
Failure to comply with requirements imposed by the IIAA
10A
(1)Rules may make provision for the Upper Tribunal to deal with a failure to comply with a requirement imposed by the IIAA as though the requirement had been imposed by the Upper Tribunal.
(2)In this paragraph, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Inserts a new provision into Tribunals, Courts and Enforcement Act 2007 — Schedule 5, after paragraph 10
41
amends
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the italic heading “Court services and legal services”, at the appropriate place insert—
The Independent Immigration Appeals Authority.
Amends Equality Act 2010, Schedule 19 — Public authorities
Equality Act 2010 — Schedule 19
Court services and legal services
The Children and Family Court Advisory and Support Service.
The Independent Immigration Appeals Authority.
The Judicial Appointments Commission.
The Legal Services Board.
...
About the provision this changes
Cases citing Sch.19: 4 — The British Medical Association, R (on the application of) v His Majesty's Treasury & Anor [2024] EWCA Civ 355; Turani & Anor v Secretary of State for the Home Department [2021] EWCA Civ 348; Turani & Ors v Secretary of State for the Home Department [2019] EWHC 1586 (Admin)
Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as set out in paragraphs 43 to 45.
43
amends
In Part 1 (services), in paragraph 19(7)(a) (judicial review), omit “to the First-tier Tribunal”.
Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, para 19 — 19
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1, para 19
(1) Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.
(2) Sub-paragraph (1) is subject to—
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8, 12, 15, 16 and 18 of that Part, and
(b) the exclusion in Part 3 of this Schedule.
(3) The services described in sub-paragraph (1) do not include services provided to an individual in relation to judicial review that does not have the potential to produce a benefit for the individual, a member of the individual's family or the environment.
(4) Sub-paragraph (3) does not exclude services provided in relation to a judicial review where the judicial review ceases to have the potential to produce such a benefit after civil legal services have been provided in relation to the judicial review under arrangements made for the purposes of this Part of this Act.
(5) The services described in sub-paragraph (1) do not include services provided in relation to judicial review in respect of an issue relating to immigration where—
(a) the same issue, or substantially the same issue, was the subject of a previous judicial review or an appeal to a court or tribunal,
(b) on the determination of the previous judicial review or appeal (or, if there was more than one, the latest one), the court, tribunal or other person hearing the case found against the applicant or appellant on that issue, and
(c) the services in relation to the new judicial review are provided before the end of the period of 1 year beginning with the day of that determination.
(6) The services described in sub-paragraph (1) do not include services provided in relation to judicial review of removal directions in respect of an individual where the directions were given not more than 1 year after the latest of the following—
(a) the making of the decision (or, if there was more than one, the latest decision) to remove the individual from the United Kingdom by way of removal directions;
(b) the refusal of leave to appeal against that decision;
(c) the determination or withdrawal of an appeal against that decision.
(7) Sub-paragraphs (5) and (6) do not exclude services provided to an individual in relation to—
(a) judicial review of a negative decision in relation to an asylum application (within the meaning of the EU Procedures Directive) where there is no right of appeal to the First-tier Tribunal against the decision;
(b) judicial review of certification under section 94 or 96 of the Nationality, Immigration and Asylum Act 2002 (certificate preventing or restricting appeal of immigration decision).
(8) Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—
(a) the period between the individual being given notice of the removal directions and the proposed time for his or her removal;
(b) the reasons for proposing that period.
(9) For the purposes of this paragraph an individual is a member of another individual's family if—
(a) they are relatives (whether of the full blood or half blood or by marriage or civil partnership),
(b) they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or
(c) one has parental responsibility for the other.
(10) In this paragraph—
“EU Procedures Directive” means Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status;
“an issue relating to immigration” includes an issue relating to rights described in paragraph 30 of this Part of this Schedule;
“judicial review” means—
(a) the procedure on an application for judicial review (see section 31 of the Senior Courts Act 1981), but not including the procedure after the application is treated under rules of court as if it were not such an application, and
(b) any procedure in which a court, tribunal or other person mentioned in Part 3 of this Schedule is required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review;
“removal directions” means directions under—
(a) paragraphs 8 to 10A of Schedule 2 to the Immigration Act 1971 (removal of persons refused leave to enter and illegal entrants);
(b) paragraphs 12 to 14 of Schedule 2 to that Act (removal of seamen and aircrew);
(c) paragraph 1 of Schedule 3 to that Act (removal of persons liable to deportation);
(d) section 10 of the Immigration and Asylum Act 1999 (removal of certain persons unlawfully in the United Kingdom);
(e) ...
44
amends
In Part 3 (advocacy: exclusion and exceptions), in paragraphs 11, 12 and 13, for “First-tier Tribunal” substitute “IIAA”.
Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1 — Civil legal services
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1
11 Advocacy in proceedings in the First-tier TribunalIIAA under—
12 Advocacy in proceedings in the First-tier TribunalIIAA under—
13 Advocacy in the First-tier TribunalIIAA that falls within the description of civil legal services in paragraph 28, 29 31A, or, 32(1) or 32A(1) of Part 1 of this Schedule.
45
amends
In Part 4 (interpretation), at the end insert—
9In this Schedule, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Amends Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1 — Civil legal services
Legal Aid, Sentencing and Punishment of Offenders Act 2012 — Schedule 1
1 For the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.
2 References in this Schedule to an Act or instrument, or a provision of an Act or instrument—
(a) are references to the Act, instrument or provision as amended from time to time, and
(b) include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).
3 References in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.
4 References in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.
5
(1) Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular—
(a) services provided in relation to related bail proceedings,
(b) services provided in relation to preliminary or incidental proceedings,
(c) services provided in relation to a related appeal or reference to a court, tribunal or other person, and
(d) services provided in relation to the enforcement of decisions in the proceedings.
(2) Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.
(3) Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.
6 For the purposes of this Schedule, regulations may make provision about—
(a) when services are provided in relation to a matter;
(b) when matters arise under a particular enactment;
(c) when proceedings are proceedings under a particular enactment;
(d) when proceedings are related to other proceedings.
7 In this Schedule “enactment” includes—
(a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.
8 In this Schedule—
“civil legal services provided to an individual in relation to referral into the national referral mechanism” means—(a)advice on the national referral mechanism, or(b)other civil legal services in connection with accessing that mechanism,provided to an individual before a reasonable grounds decision has been made in relation to that individual;
”competent authority” (in relation to the national referral mechanism) means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
“national referral mechanism” means the national framework (known as the National Referral Mechanism) for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support;
“reasonable grounds decision” and “conclusive grounds decision” have the same meaning as in Part 5 (modern slavery) of the Nationality and Borders Act 2022 (see section 69 of that Act).
9 In this Schedule, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
46
amends
In the Border Security, Asylum and Immigration Act 2025, omit sections 49 and 50 (insertion of sections 86A and 86B of the Nationality, Immigration and Asylum Act 2002).
Amends Border Security, Asylum and Immigration Act 2025, section 49 — Timeframe for determination of appeal brought by appellant receiving accommodation support
Border Security, Asylum and Immigration Act 2025 — section 49
About the provision this changes
Free Movement articles: New timeframes for consideration of asylum appeals now in force ↗
Amends Border Security, Asylum and Immigration Act 2025, section 50 — Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation
Border Security, Asylum and Immigration Act 2025 — section 50
(1) After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section 49) insert—86BTimeframe for determination of appeal brought by certain non-detained appellants liable to deportation(1)This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2). (2)A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person— (a)is not detained (whether under any provision of the Immigration Acts or otherwise), (b)has been convicted of an offence (whether in or outside the United Kingdom), and (c)is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good). (3)The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted. (4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
(2) In Schedule 2 to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the Tribunal)—
(a) in paragraph 1, after paragraph (b) insert—(ba)section 86B;;
(b) in paragraph 3, after sub-paragraph (5) insert— (5A)Section 86B has effect as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
(3) In Schedule 2 to the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have effect following its revocation, after paragraph 1 insert—1ASection 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—(4)But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.
About the provision this changes
Free Movement articles: New timeframes for consideration of asylum appeals now in force ↗