Explanatory note

These Regulations bring into force specified provisions of the Border Security, Asylum and Immigration Act 2025 (c. 31) (“the Act”) on 12th August 2026. They are the fifth commencement regulations made under the Act.

Sections 49 and 50 of the Act introduce timeframes for the determination of certain appeals made under section 82 (right of appeal to the Tribunal) of the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 49 of the Act applies where an appellant is in receipt of accommodation under sections 95 (persons for whom support may be provided) or 98 (temporary support) of the Immigration and Asylum Act 1999 (c. 33). Section 50 of the Act applies where an appellant is not in detention but has been convicted of an offence and is liable for deportation under section 3(5)(a) of the Immigration Act 1971 (c. 77). In either case, the Tribunal must determine their appeal within 24 weeks except where the Tribunal considers that it is not reasonably practicable to do so. This timeframe does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside of the United Kingdom.

A full impact assessment has not been produced for this instrument. An impact assessment published in relation to the Border Security, Asylum and Immigration Act 2025 can be found at https://www.gov.uk/government/publications/border-security-asylum-and-immigration-act-2025-enactment-impact-assessment or a copy can be obtained from the Home Office, 2 Marsham Street, London SW1P 4DF.