Fees for immigration appeals to be introduced from 19 December 2011
The Tribunals Service has confirmed the implementation of charging for appeals to the First Tier Tribunal from next month. A statutory instrument - the legislation which provides the authority for these charges - will confirm that potential appellants must pay £80 for a paper case - one where they do not actually attend the court - and £140 for an oral hearing of their case. The First Tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 - the latest draft version of which can be found here - provides for a number of exceptions and exemptions to these fees. The following appellants will not be required to pay a fee:
- Those with legal aid (controlled legal representation)
- Those receiving asylum support
- Those under 18 and in receipt of services under s17 Children Act 1989
- Those in the detained fast track asylum process
In addition, there are some kinds of appeal which will not attract a charge: these include right of abode, European and deportation cases.
In some limited circumstances, a discretionary power will enable the Lord Chancellor to exempt payment of appeal fees. There are no fees payable in the Upper Tribunal.
An online payment system is envisaged, but Latitude Law's experience suggests this may not be up and running on 19 December. Instead it is more likely that card details will have to be included on an appeal form, and payment processed, before the appeal can be considered valid. If you are faced with a refusal of leave or a visa before the implementation date, it is certainly worth getting your appeal in before charging commences.