New Fees for Immigration Appeals
Posted: Monday 19 December 2011
From today, most people wishing to appeal against a decision of the UK Border Agency will have to pay a fee.
The Ministry of Justice has introduced fees for most appeals to the First Tier Tribunal (Immigration & Asylum) Chamber. The fee must be paid on submission of the appeal, otherwise it could be held to be invalid and consequently struck out.
There is also a new power to award the cost of the fee against the UK Border Agency, should the appeal be successful.
Jamie Kerr, immigration specialist at Morton Fraser, commented:
“The introduction of fees in immigration appeals is a very new concept. It raises a number of practical and procedural difficulties that could change the nature and conduct of immigration appeals. The new power of the tribunal to award these costs against the UK Border Agency is also a significant development that could work in favour of Appellants. Given the likely confusion with the new system at the outset, Appellants ought to exercise a degree of caution and seek specialist advice if in doubt about whether a fee is payable”.
The fees payable are £140 for an appeal where an oral hearing is requested and £80 where there is no hearing. Certain types of appeals are fee-exempt, including some appeals involving European nationals and appeals against revocation of indefinite leave to remain.
At present the First Tier Tribunal (Immigration & Asylum) Chamber have no information for Appellants on their website as to how fees can be paid, and the relevant appeal forms have not yet been amended to notify Appellants that a fee is payable.
For further information, please contact Jamie Kerr on 0141 274 1103 or email jamie.kerr@morton-fraser.com
