In brief
- Sections 49 and 50 of the Border Security, Asylum and Immigration Act 2025 came into force on 12 August 2026.
- The First-tier Tribunal must decide covered appeals, and give notice of its decision, within 24 weeks of the day after the appeal is lodged, unless this is not reasonably practicable.
- Section 49 covers appellants in accommodation under section 95 or 98 of the Immigration and Asylum Act 1999.
- Section 50 covers non-detained appellants with a conviction who are liable to deportation under section 3(5)(a) of the Immigration Act 1971.
- The rule applies to qualifying appeals lodged on or after 12 August 2026 and not to appeals brought or continued from outside the UK.
Sections 49 and 50 of the Border Security, Asylum and Immigration Act 2025 came into force on 12 August 2026. They set a 24-week timeframe for the First-tier Tribunal to decide certain immigration and asylum appeals. The commencement is made by the Border Security, Asylum and Immigration Act 2025 (Commencement No. 5) Regulations 2026.
What the new rule says
The sections insert two new provisions, sections 86A and 86B, into the Nationality, Immigration and Asylum Act 2002. They apply to some appeals under section 82 of that Act, which gives a right of appeal to the Tribunal.
For a covered appeal, the Tribunal must decide it, and give notice of its decision to the parties, within 24 weeks. The 24 weeks start from the day after the appeal is lodged. The Tribunal does not have to meet the deadline where it considers that this is not reasonably practicable. The rule is therefore a legal duty, but with a flexibility clause.
Which appeals are covered
Section 49: people in asylum accommodation
Section 49 (new section 86A) applies where the appellant is receiving accommodation under section 95 or section 98 of the Immigration and Asylum Act 1999. Section 95 covers support for asylum seekers. Section 98 covers temporary support. The provision relates to appeals against the refusal of a protection claim, such as an asylum claim.
It does not cover everyone who receives asylum support. The appellant must be receiving accommodation under one of those two sections when the appeal is lodged.
Section 50: non-detained foreign national offenders
Section 50 (new section 86B) applies where the appellant is not in detention, has been convicted of an offence and is liable to deportation under section 3(5)(a) of the Immigration Act 1971. According to the Bill's explanatory notes, the conviction may be in the UK or abroad. Status is tested when the appeal is lodged.
Appeals that are not covered
- Earlier appeals. The timeframe applies to qualifying appeals lodged on or after 12 August 2026. Appeals already lodged before that date are not covered.
- Out-of-country appeals. The deadline does not apply to an appeal that must be brought or continued from outside the UK.
- Other appeals. Appeals that do not meet the descriptions above have no statutory timeframe.
Before this change, there was no statutory timeframe for deciding these appeals.
What it may mean for appellants
When the timeframe took effect on 12 August 2026, reports said the Tribunal had published no practice direction or procedure rule changes for it. Only a practitioner letter had been circulated. We have not found a practice direction specific to the 24-week timeframe since then. Advice organisations and Tribunal service information point to some likely practical effects:
- Hearing dates may be set when the appeal is lodged, leaving less time to prepare.
- The Tribunal is expected to use the Home Office reference number to identify which appeals fall under the timeframe.
- If key information is missing, an appeal may be returned, which could cause delay.
- Biometric information should be provided when the appeal is lodged.
Some commentators have also raised concerns that appellants without legal representation may find it hard to prepare in time. They also say that people in asylum accommodation could be affected sooner by the outcome of their appeal. These are views on possible effects, not confirmed outcomes.
Some press reports said the clock runs from arrival in the UK. That is wrong. The 24 weeks run from the day after the appeal is lodged.
Further reading
For general information on appeal rights, see our page on appeals and judicial review.
How Garth Coates Solicitors can help
Our immigration solicitors advise on appeals to the First-tier Tribunal and on the steps that come before and after them. If you would like to discuss your situation, please request a consultation.
This article is general information and was correct on 3 November 2026. It is not legal advice on your circumstances; immigration rules and fees change often. For advice on your case, request a consultation.
