We previously blogged about the MOJ consultation proposals to introduce a system in which fees are payable for immigration/asylum appeals. The MOJ has now issued its response to its recent consultation. This details forthcoming proposals that are to take effect in October 2011. We’ve done a quick summary of the key proposed changes for you below.
Summary of proposed changes
- There will be an appeal fee of £80.00 for paper applications and £140.00 for oral applications before the First Tier Tribunal. This will apply to appeals arising from cases in which leave /variation of leave is refused. Fees will be payable for each dependent including children. However in relation to the oral hearing should a judge determine an oral haering is required the appellant will be given one at no extra charge to themself.
- No fee will be chargeable in cases relating to deportation, revocation of leave, deprivation of citizenship or the right of abode.
- There is likely to be a separate charging rate for managed migration and settlement appeals on the basis that they involve greater Tribunal time. However, the MOJ writes that:
“in acknowledgment of respondents’ concerns these will not be introduced immediately. Rather we may seek to do so once the broader system has been introduced. The potential impacts of differential fees- on individuals, the business sector and academic institutions- will be considered in detail prior to [their] introduction.”
- No fee will be payable for proceedings before the Upper Tribunal.
- There will be a discretionary power for judges to award costs to recover appeal fee charges against the UKBA. Costs awards will not however be appealable to the Upper Tribunal however the Upper Tribunal will be able to revisit a First Tier Tribunal ruling on costs but only when considering a substantive matter of the appeal.
- There will be appeal fee exemptions for the following:
Asylum applicants in receipt of either section 4 or 98 support
Those in the detained fast track process
Those who qualify for legal aid
Cases dealing with removal of illegal entrants
Cases dealing with removal of EU nationals
Humanitarian Protection Cases
Any individual in receipt of services by a local authority under section 17 of the Children Act 1989
- Fee exemptions will however be revised in line with changes to legal aid (which would not take place until October 2012) and the MOJ ‘would be likely to consult again on the issue’ in the light of changes.
- There will be a discretionary power for the Lord Chancellor to waive a fee in exceptional or compelling circumstances.
- Fee refunds will be available where it is ‘appropriate and fair’ ‘i.e. where someone has mistakenly paid for an appeal or has overpaid’. The MOJ does not however consider ‘out of time, invalid, or withdrawn appeals’ grounds for making an application for a refund.
JCWI’s original response to the consultation can be found on our main website.