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1.—(1) This Order may be cited as the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 and shall come into force on 17 October 2011.
(2) In this Order —
“fresh claim proceedings” means judicial review proceedings which call into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002(1) wholly or partly on the basis that they are not significantly different from material that has previously been considered, and which have been begun in or transferred to the Upper Tribunal pursuant to a direction made by the Lord Chief Justice of England and Wales for the purposes of section 18(6) of the 2007 Act (2);
“LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999(3); and
“the Tribunal” means the Upper Tribunal.
(3) This Order extends to England and Wales only.
2. Where fresh claim proceedings are issued in or transferred to the Tribunal, the fees set out in column 2 of Schedule 1 are payable in respect of items described in column 1 in accordance with and subject to the directions specified in that column.
3. Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.
4. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
22nd September 2011
We consent
James Duddridge
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
21st September 2011
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