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UK immigration: changes to the appeal structure

16 February 2010

On 15 February 2010 the Asylum and Immigration Tribunal (AIT) introduced the new two-tier Tribunal structure that will streamline the administration of the UK immigration appeals.

The change is a major milestone in the process of implementation of Tribunals Courts and Enforcement Act 2007 and will bring the main tribunals into unified system that will deliver improved appeal processes across different jurisdictions.In the past, if a party wished to challenge a decision made by the AIT, it had to apply to the tribunal for it to reconsider its decision. If the tribunal decided not to reconsider, the party could then apply to the High Court (in England and Wales) or the Outer House of the Court of Session (in Scotland) to seek a reconsideration.

Under the new structure, initial appeals against decisions made by the Home Office will be dealt with in the First Tier Tribunal – but any onward appeal will be handled by the specialist Upper Tribunal rather than the higher courts. This is a key change to the current arrangements that will ease the immigration workload of the higher courts and allow speedier consideration for immigration matters.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.