The Home Office have increasingly made it so over the years that applicants intending to submit leave to remain applications think twice before doing so in light of the applicable prohibitive costs involved in not only having to make provision for the relevant home office application fees but also as from April 2015, the NHS Health Surcharge. Families seeking to submit human rights applications are most affected in particular where they have no leave to remain, no source of income but having qualifying children for example under the “7year Rule” justifying submission of a leave application. Not only is the cost of the home office application fee daunting but there is also the possibility, where upon refusal, that further Tribunal appeal fees may need to be paid if an in -country right of appeal is given.
The UK Government has over the years (more so since July 2012) sought to introduce measures intent upon ensuring that foreign national criminals are deported or excluded from the UK. Where deportation appeals are won, the Home Office’s now predictable reaction is an onward appeal, challenging allowed Tribunal decisions and sometimes with success. Those subject to deportation therefore cannot afford to proceed upon an assumption that once a deportation appeal is won, the Secretary of State will not seek to appeal such a decision.