Sharan Rupra, immigration specialist at Kangs Solicitors reports upon the Government’s decision to reverse its earlier decision to substantially increase the level of fees payable upon the issue of an Appeal against a refusal.
On 10th October 2016 the fees payable upon Immigration Appeals were increased by five hundred per cent with the intent of ensuring that the Tribunals Service is properly funded and to relieve the cost burden on the taxpayer.
The Government was of the opinion that those whose applications were refused could afford to make a larger contribution towards the true cost to the public purse of the Appeals Service.
However, it was found that the new fees made it too difficult for those affected to pursue their Appeals.
The fees for First Tier Tribunal Appeals have now returned to their pre-10th October 2016 levels of:
- Paper Hearing – £80
- Oral Hearing before an Immigration Judge – £140
Those who have paid the higher fees since 10th October 2016 will receive a refund in respect of their over-payment.
Sir Oliver Heald, Minister of State for Courts and Justice stated:
‘However, we have listened to the representations that we received on the current fee levels and have decided to take stock and review the immigration and asylum fees, to balance the interests of all tribunal users and the taxpayer and to look at them again alongside other tribunal fees and in the wider context of funding for the system overall.
From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee.
We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees.’
Successful Appeal | Kangs Immigration team
If an appeal succeeds it should be the case that an Order for a full or part fee repayment award will be made in favour of the Appellant.
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