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A Proposed Fleecing of Immigrants in the First Tier and Upper Tribunal: The Consultation On New Fees

Yet again another increase of fees for Home office applications and Tribunal  fees. Read more on my overall view on the proposed higher fees and tactics to buy yourself time to pay.

On 21 April 2016, the Government published a consultation paper proposing new fees for proceedings in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber).

The Government is proposing to  increase fees in the First-tier Tribunal from £80 to £490 for an application for a decision on the papers and from £140 to £800 for an application for an oral hearing.

There is also a proposal to  introduce  a new fee of £455 for an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal.

The Consultation also states that the government  is also proposing two new fees for the Upper Tribunal. In permission to appeal applications issued in the Upper Tribunal where permission has been refused initially in the First-tier, the proposal is  that a new fee of £350 should be charged, which is stated to  reflect the full cost of these proceedings. Where permission is granted, either by the First-tier or the Upper Tribunal, the Government is  proposing a fee for the appeal hearing of £510.

Never minding the general  stated need to reduce the burden on the taxpayer of running  the UK  courts and tribunals,  my very first question is on  what  basis and exactly how  would someone, after  applying  a bit of common sense and fairness come up with a  figure of up to  £800.00  as being  required from future Appellants before  they can be heard in the Tribunal?

Is it not enough that they have to pay  substantially  increased home office applications fees, the current   lodgment appeal fee  and  of course, lets not forget, the  NHS Health  Surcharge?

Survival Tactics Thus far

Where there is an inability,  for some reason to prove eligibility  for a fee waiver or  fee exemption,  the  tactics that  some  applicants and  appellants may have been  using  in order  to either  enable valid  submission  of   leave to remain applications  or acceptance of a lodged appeal  by the Tribunal is as follows:

Would these tactics in the Tribunal really  work in the long term  if the  changes as to the  proposed amounts are  implemented?  There is a world of difference between needing breathing  space to source £140.00 in a couple of weeks,  in comparison  to £800.00 during the same  period  time.  Further, it  now seems  fairly  unpredictable as to when the First Tier Tribunal will make and send out  a decision following a substantive hearing.  If an appellant has  struggled  to source the current £140.00  in relation to the appeal lodgment fee, how are they to source  the  £455.00  to appeal further where they would only have 14days to apply  to the First Tier  Tribunal for permission to appeal?

Some More Questions

Having in effect “ bought “ an expensive slot to be heard in the Tribunal,  it is  only fair, appropriate  and a mark of  respect for the  already anxious distressed  immigrant who  has  paid for the service( or  should I say  in light of the proposed   exorbitant appeal fees,  been “ fleeced”), that the following is  considered too:

Justice?

Will most Appellants kick off Tribunal  proceedings  by  reluctantly being forced to go  via the paper  decision route rather than  an oral hearing  simply so as  to have a Judge  consider their appeal?  The Government wants to achieve full cost recovery for appeals in  Tribunal proceedings,  however  this  clearly  will  be at  a cost of  accessing justice  for some people.

 

 

 

 

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