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Immigration Tribunal Fee Increase Reversed

Posted by Ilham Malik on December 06, 2016

Immigration Tribunal Fee Increase Reversed

In a written statement published on 25 November 2016, Sir Oliver Heald, the Minister of State for Courts and Justice, announced that the government had reversed its decision to increase the immigration appeal fees by 500%. The announcement provides:

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.

 

All new applicants are to be charged the previous fees of £140 for an oral hearing and £80 for a decision on the papers. As mentioned in the announcement, any applicant who has paid the fees at the higher level since 10 October 2016 will have the difference refunded.

The government confirms that the fee exemptions introduced with the fee changes in October will remain in place including exemptions for:

  • Children who are supported by a local authority.
  • Applicants in possession of a Home Office fee waiver
  • Applicants appealing a decision to revoke their humanitarian protection or refugee status.
  • Applicants appealing against a decision to deprive them of their citizenship
  • Applicants with parental responsibility for children receiving support from local authorities