Updates, commentary, training and advice on immigration and asylum law

Lord Chancellor to make Tribunal Procedure Rules for appeals under the Illegal Migration Act

The Illegal Migration Act 2023 (Commencement No. 2) Regulations 2024 have brought section 50 of the Illegal Migration Act 2023 into force from today.

As set out in the explanatory notes, section 50(1) of the Act says that the first time that Tribunal Procedure Rules are made in relation to section 44 to 49 of the Act, these can be made by the Lord Chancellor rather than the Tribunal Procedure Committee. Sections 44 to 49 of the Act are those that relate to appeals in relation to suspensive claims. Suspensive claims under the Act are either “serious harm suspensive claims” or “removal conditions suspensive claims“. None of these sections are currently in force, although it appears that may change very soon.

This change is only about the Lord Chancellor’s power to make the Tribunal Procedure Rules. There is a requirement for him to consult with the Senior President of Tribunals, the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, but it seems safe to assume that this has already happened and that we will see the new rules shortly. As set out at section 50(6) and (7), the draft rules will be laid before Parliament as a statutory instrument which must be passed by both houses within 40 days.


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Sonia Lenegan

Sonia Lenegan is an experienced immigration, asylum and public law solicitor. She has been practising for over ten years and was previously legal director at the Immigration Law Practitioners' Association and legal and policy director at Rainbow Migration. Sonia is the Editor of Free Movement.

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