UK Immigration and Asylum fees set to soar in October 2016

Despite opposition from law firms, judges and various professional bodies, the UK government has recently announced significant increases to the cost of immigration tribunal hearings. From 10^th October 2016, the fees will increase by over 500% and will be as follows:

Appeal type	Current fee	New fee from 10/10/16
First-tier tribunal
Application for a decision on the papers	£80	£490
Application for an oral hearing	£140	£800
Application to the FTT for permission to appeal to the UT	Nil	£455
Upper Tribunal
Application to the UT for permission to appeal to UT	Nil	£350
Appeal hearing	Nil	£510

This increase is likely to have an effect on the number of appeals brought before the immigration tribunals, discouraging even those with well-founded claims and undermining access to justice. Set against a background of ever-increasing visa fees, complex immigration rules, and BREXIT the message being sent to non-UK nationals is certainly not a welcoming one.

The government's explanation for the increase is that "it is fair that a greater proportion of the costs of our courts and tribunals is borne by those who directly benefit from using them." The fee increases come in response to a statistic revealed by the government that only 9% of the annual cost of the First-tier Tribunal (Immigration and Asylum Chamber) was recovered from those bringing cases in 2014/2015.

The government has however acknowledged that access to the courts and tribunals should not be wholly determined by an ability to pay. The new regulations do therefore make some attempt to widen the exemptions to appeal fees. The following people will not be required to pay:

• Those with a Home office fee waiver (by evidencing that they are destitute; that paying the fee would render them destitute; or that there are 'exceptional circumstances' which do not allow them to pay);
• Those who qualify for Legal Aid or Asylum support;
• Those appealing against a decision to deprive them of their citizenship;
• Children who are being supported by a local authority;
• Those appealing against decisions to revoke their refugee or humanitarian protected status;
• Those with parental responsibility for children receiving supporting from local authorities; and
• Children who are being housed by a Local Authority.

The UK Ministry of Justice has said that the fee increases will secure the funding of immigration and asylum tribunals, while "protecting access to justice and the most vulnerable appellants through extension of the fee exemption scheme". Despite these exceptions, there is no doubt that the fee increase will discourage and dissuade people from making even well-founded claims. It also forms part of an attack on access to justice for migrants which has manifested itself in the introduction of more decisions subject to the non-suspensive appeal procedure and rights of appeal being taken away and replaced with administrative review.

If you are concerned about the recent change in fees please contact a member of Drummond Miller's immigration team a member of which will be happy to advise you.