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The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019

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Amendments to the Immigration and Nationality (Fees) Regulations 2018

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12.—(1) Schedule 11, paragraph 3 (fee for the process of administrative review) is amended as follows.

(2) In sub-paragraph (3)—

(a)in paragraph (a) after “in respect of any application” insert “other than an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules,”;

(b)after paragraph (a) insert—

(aa)in respect of any application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules before 7.00 a.m. on 30th March 2019, where no fee was payable in respect of the application (except where the payment of the fee was waived under regulation 2(3) of the Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019);

(bb)in respect of any application for leave to remain in the United Kingdom made under that Appendix at or after 7.00 a.m. on 30th March 2019, where the application was made in respect of a person who, when the application was made, was a child and was being looked after by a local authority;.

(3) After sub-paragraph (5) insert—

(5A) But sub-paragraph (5) does not apply where the decision under review—

(a)was made in respect of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules; and

(b)is withdrawn pursuant to paragraph AR(EU)2.1.(c) of Appendix AR (EU) to the immigration rules (decision found to be incorrect as a result of information or evidence that was not before the original decision-maker) and not also pursuant to paragraph AR(EU)2.1.(a) or (b) of that Appendix.

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