The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2026

Published: Fri 31st Jul 26

This Order brings into force various provisions of the Immigration Act 2014 on 28 July 2014 and 20 October 2014, primarily affecting non-UK citizens subject to immigration control.

It activates new powers for the Secretary of State to remove persons without leave to remain and significantly restricts the types of immigration decisions that can be appealed to a tribunal.

The Order also introduces transitional arrangements to determine which cases remain under the previous legal framework and which are subject to the new rules based on the date of the immigration decision.

Arguments For

The order states that the commencement of these provisions is necessary to bring into force the reforms established by the Immigration Act 2014.
Proponents of the Act argue that the changes to the removals process simplify the legal framework by replacing multiple different removal powers with a single power to remove person who require but do not have leave to enter or remain.
The document indicates that limiting the grounds for appeal to human rights or protection claims is intended to prevent the use of the appeals system to delay the departure of individuals with no right to be in the UK.
Proponents suggest that the provision for 'certification' of human rights claims allows for the deportation of foreign criminals before their appeal is heard, provided doing so does not cause serious irreversible harm.

Arguments Against

Civil liberties organizations have argued that the 'deport first, appeal later' model may prevent individuals from effectively presenting their legal cases and could lead to human rights breaches.
Legal scholars have questioned whether the restriction of appeal rights leaves individuals with fewer avenues to challenge administrative errors made by the Home Office.
Potential legal challenges could arise regarding the definition of 'serious irreversible harm' and whether the streamlined removal process provides sufficient procedural safeguards for vulnerable persons.
Implementation difficulties may arise for the Home Office and the tribunal system in managing the transition between the old and new appeals regimes, as noted in the complex transitional provisions.

1. Citation

This Order may be cited as the Immigration Act 2014 (Commencement No. 1) Order 2014.

This section establishes the official name of the legal instrument.

2. Provisions coming into force on 28th July 2014

The following provisions of the Immigration Act 2014 come into force on 28th July 2014— (a) section 1 (removal of persons unlawfully in the United Kingdom); (b) section 7 (biometric immigration documents); (c) section 8 (meaning of "biometric information"); (d) section 9 (safeguarding children); (e) section 10 (use and retention of biometric information); (f) section 11 (transferred charge of objectors for private sea carriers); (g) section 12 (passenger, crew and service information); (h) section 13 (definitions relating to sections 11 and 12); (i) section 14 (short-term holding facilities); (j) section 15 (power to set aside a decision on an appeal) for the purpose of the Secretary of State making regulations; (k) section 16 (rules about appeals) for the purpose of the Lord Chancellor or the Tribunal Procedure Committee making rules; (l) section 17(3) (provision of At-a-Glance Guide) for the purpose of the Secretary of State making regulations; (m) section 18 (place from which an appeal may be brought or continued); (n) section 19 (review of certain deportation cases) for the purpose of the Secretary of State making regulations; (o) section 20 (referral regime: transitional provision); (p) section 71 (fees); (q) section 73 (orders and regulations); (r) Schedule 1 (removal of persons unlawfully in the United Kingdom: consequential amendments); (s) Schedule 2 (biometric immigration documents: weight of evidence); (t) paragraphs 1, 2, 6 and 8 of Schedule 9 (transitional and consequential provision) and section 73 so far as it relates to those paragraphs.

This section activates several parts of the Immigration Act 2014 on 28 July 2014.

These include the new unified removal power for persons unlawfully in the UK, updated regulations for biometric documents, requirements for safeguarding children, and the authority for the Secretary of State to set fees and make further regulations.

It also introduces the power to certify deportation cases so an appeal must be brought from outside the UK.

3. Provisions coming into force on 20th October 2014

The following provisions of the Immigration Act 2014 come into force on 20th October 2014— (a) section 15 (power to set aside a decision on an appeal) so far as it is not already in force; (b) section 17 (right of appeal) so far as it is not already in force; (c) section 19 (review of certain deportation cases) so far as it is not already in force; (d) Schedule 9 (transitional and consequential provision) so far as it is not already in force.

This section brings the remaining provisions related to the new appeals system into full effect on 20 October 2014.

This includes the restricted right of appeal, which limits appeals primarily to human rights or international protection claims, and the full implementation of the review process for deportation cases.

4. Transitional and saving provision

(1) The following provisions of the 2014 Act do not apply to an old decision— (a) section 1; (b) section 15; (c) section 17; (d) section 18; (e) section 19; (f) Schedule 1; (g) Schedule 9. (2) For the purpose of this article, an "old decision" is a decision of the Secretary of State or an immigration officer made before 20th October 2014. (3) For a decision made on or after 20th October 2014, the provisions in paragraph (1) apply.

This section provides that the new removal powers and appeal restrictions do not apply to immigration decisions made before 20 October 2014.

Such cases, referred to as 'old decisions', continue to be governed by the laws in place at the time the decision was made.

Decisions made on or after this date are subject to the new procedures and limitations introduced by the 2014 Act.

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