UK Government’s reversal of Immigration and Asylum Appeal fees increase

The Immigration and Asylum Appeal fees increase that took effect on 10 October 2016 has now been reversed by the UK Ministry of Justice. The UK Ministry of Justice has also said that it would be reviewing the role of fees in the Upper Tribunal and consult new plans on Tribunal fees.

The UK Government announced a reversal of Asylum and Immigration Appeal Fees.

On 25 November 2016 the UK Ministry of Justice announced the reversal of increase of Immigration and Asylum Chamber appeal fees. The change of fees came into effect on 10 October 2016 and increased the asylum and immigration fees from £80 to £490 for a decision on papers and from £140 to £800 for an oral hearing. The change has been now reversed with immediate effect.

The Government is also reviewing the role of fees in the Upper Tribunal and will consult on new plans for Immigration and Asylum Tribunal fees.

The October increase caused an overwhelming opposition in a public consultation and concern that the changes would deny justice to many vulnerable people and leave a number of decisions unchallenged.

UK Government’s decision to reverse the increase of Immigration and Asylum Appeal fees

The UK Government made its announcement on Friday. Sir Oliver Heald, the minister responsible for courts and justice, said that all applicants would be charged previous fees and that there will be a reimbursement for those who have already paid the increased fees.

Sir Oliver Heald said:

The fee increases introduced in the Immigration and Asylum Chamber of the First-tier Tribunal are affordable for those who have to pay, taking into account the fee exemptions and waivers that apply, as well as the Lord Chancellor’s exceptional power to remit fees. 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.

The Minister of State at the Ministry of Justice responsible for courts and justice announced that all applicants will pay the fees at previous level and those who have already paid will be reimbursed.

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.

Using Legal Representation to Appeal Home Office decisions

The process of appealing a Home Office decision is complex and you will need to provide evidence in support of your appeal and prepare the bundle for the appeal hearing. It is important to ensure you have the correct documents in support of your appeal to avoid delays and ensure your appeal is successful.

Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit your appeal. In order to ensure your appeal succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal meets the relevant Immigration Rules.

Successful Immigration Applications and Appeals

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.


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