Immigration Judges to have new master

The Immigration Bill 2026 proposes to establish a new series of first tier courts to consider Immigration appeals. Appeals now heard before the First Tier Tribunal will be transferred to the Independent Immigration Appeals Authority.

Beyond the transfer of appeal hearings from one authority to another, the tangible differences generally can not be identified until such time as the detail, and practice are to be fleshed out.

Some, though are very clear:- 

Courts and Tribunals have to be independent to the departments whose decisions they adjudicate pursuant to Section 3 (1 ) of the Constitutional Reform Act 2005:

(1)The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary.

For this reason , Courts and Tribunals fall under the remit of the Lord Chancellor’s Department, also known as the Ministry of Justice and the obligation applies to 

“ (b)any other court established under the law of any part of the United Kingdom;” 

The existing Tribunal falls within the remit of the Lord Chancellor and it’s enabling legislation was so presented by the Department of Constitutional Affairs and the Lord Chancellor’s Department. 

The new Tribunal makes weak claims to independence, aiming to be so, but scarcely a breath further.

Because in its substance, the new Tribunal is devised by the Secretary of State for the Home Office.

The Chair, the Professional Standards Officer, the Chief Executive and the chief appeals officer are all to be appointed by the Home Office.

The new Immigration Adjudicators who will be replacing the Tribunal are to be appointed by the official who was appointed by the Home Office.

The Lord Chancellor ( i.e. Ministry of Justice ) is mentioned just the once in the bill, and that is to arrange for the transfer of property ( e.g. Courtrooms etc.) to the Home Office. Instead, the scrutiny of the effectiveness of the new appellant authority will fall to the Chief Inspector of the UK Border Agency.

There are other intimations of a bill seeking to undermine judicial independence for example in the prescription regarding the late filing of evidence. But fundamentally: -

• But who appoints the Adjudicator ?
• Who feeds the Adjudicator ?

And if the answer to both is one party to the proceedings the other cannot be reassured by claims to independence.