In brief
- The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2026 (SI 2026/1084) came into force on 6 November 2026.
- A decision ending an immigration judicial review no longer has to be given at a hearing and may be given in writing. Hearings are not abolished.
- Permission to appeal against a written decision can be sought in writing, and the application must reach the Tribunal within twelve working days of notice of the decision.
- A reply to the Home Office's acknowledgment of service must reach the Tribunal within 7 days. The parties cannot agree to extend this deadline.
- The Rules remain open to objection until 24 November 2026, and how they apply to existing claims has not yet been confirmed.
The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2026 (SI 2026/1084) come into force today, 6 November 2026. They change how immigration judicial review claims are handled in the Upper Tribunal.
What has changed
Judicial review is a court process for challenging how the Home Office made a decision. It looks at whether the decision was lawful and fair. It is not a fresh appeal on the merits.
Until now, the Upper Tribunal Rules required a decision that ended an immigration judicial review to be given at a hearing. The new Rules remove that requirement. The Tribunal may now give such a decision in writing, including remotely.
This does not abolish hearings. The Tribunal can still give a decision orally at a hearing. The change is about how a final decision is delivered. It does not mean every case will be decided on paper.
The other changes
Written application for permission to appeal
If a decision ending an immigration judicial review is not given at a hearing, a party may apply in writing for permission to appeal. The Upper Tribunal must receive the application within twelve working days of sending notice of its decision to that party.
Reply to the Home Office's acknowledgment of service
A new rule 29A deals with the applicant's reply to the acknowledgment of service. This is the document in which the Home Office says whether it contests the claim.
- The reply must reach the Upper Tribunal within 7 days of the acknowledgment of service being sent or provided to the applicant.
- It must follow any practice direction on content and length.
- The applicant must copy the reply to the respondent and other relevant parties within 7 days of providing it to the Tribunal.
- These time limits cannot be extended by agreement between the parties.
Sealed claim
When the Upper Tribunal accepts an application, it must seal it (stamp it as issued) and send it to the applicant. The applicant must then give a copy of the sealed application to any respondent or interested party.
These changes are intended to bring the Upper Tribunal's procedure closer to that of the Administrative Court.
Status of the Rules
The Rules were made on 12 October 2026 and laid before the House of Lords on 15 October 2026. They are subject to the made negative procedure, which means they take effect first and remain open to objection. The objection period ends on 24 November 2026.
The text does not appear to include transitional provisions. It has not yet been confirmed how the changes apply to claims already under way. We will update this article when there is clarity.
What this means in practice
If you are challenging a Home Office decision, you should assume the Tribunal may decide matters on the written material. These steps may help you prepare:
- Put your full case in writing early. Set out the decision you challenge, why it is unlawful or unfair, and the facts and documents that support this.
- Diarise every deadline. The 7-day reply deadline is fixed. The parties cannot agree to move it.
- Respond to the Home Office's position. The acknowledgment of service usually arrives within 21 days of the claim being served. Your reply should deal directly with the points it raises.
- Keep it concise. A practice direction may set limits on the content and length of replies. It has not yet been confirmed whether one accompanies the new Rules.
- Check the notice of any decision carefully. If a decision is given in writing, the twelve working days to apply for permission to appeal run from the date the Tribunal sends its notice.
Strict time limits also apply to starting a claim, so seek advice promptly if you think a Home Office decision may be unlawful. Our guide to appeals and judicial review explains the wider options.
How Garth Coates Solicitors can help
Judicial review is time-critical and depends heavily on well-prepared written submissions. Our immigration solicitors can discuss whether a challenge to a Home Office decision may be open to you. To find out more, please request a consultation.
This article is general information and was correct on 6 November 2026. It is not legal advice on your circumstances; immigration rules and fees change often. For advice on your case, request a consultation.
