Recent Change
Changes in the AIT
The work in the former Asylum and Immigration Tribunal (AIT) has been transferred into the two-tier unified tribunal structure, created under the Tribunals, Courts and Enforcement Act 2007. This transfer took place on 15 Feb 2010.
From this time, appeals have been sent to the Immigration and Asylum Chamber of the First-tier Tribunal. Onward appeal rights are to a separate Immigration and Asylum Chamber of the Upper Tribunal with permission. Onward appeals from the Upper Tribunal are to the Court of Appeal, Inner House of Court of Session in Scotland, and Court of Appeal in Northern Ireland, with permission.
Why has this change taken place?
The transfer is part of a wider programme of reform underway in the Tribunals Service, which is standardising the appeals process. Moving the AIT into the common framework created by the two tier structure aims to simplify the appeals process, and ease the immigration workload in the higher courts.
How are appellants affected?
Appellants will not see any change to initial appeal rights, except that these will now be to the Immigration and Asylum Chamber of the First-tier Tribunal, rather than to the AIT.
What changes is the new onward appeals process, which replaces the system for challenging decisions of the AIT. A right of appeal lies to the Upper Tribunal on a point of law arising from certain decisions of the First-tier Tribunal. Permission to appeal must be applied for from the First-tier Tribunal and, if refused, from the Upper Tribunal.
If you have an appeal already in the system, please refer to our ´transitional arrangements´ page.
Legal aid changes
Legal aid will continue to be available for immigration and asylum appeals.
Changes have been made to the legal aid processes in England and Wales, Scotland, and Northern Ireland. These changes are to reflect the transfer of the AIT’s functions into the two-tier tribunal structure.
Please visit our ´useful links´ section where you will find links to the Legal Services Commission and more for further information on legal aid.
