The Immigration and Nationality (Fees) Regulations 2016

Interpretation

1.  In this Schedule—

“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

(a)

a person making a claim for asylum which has either not been determined or has been granted;

(b)

a person who has been granted humanitarian protection under the immigration rules;

(c)

a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;

(d)

a person who is a dependant of a refugee or person granted humanitarian protection under the immigration rules and is applying for leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

(e)

a child who was born in the United Kingdom to a person referred to in paragraphs (a) or (b);

“a competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings(1);

“positive conclusive grounds decision” means a positive decision made by a competent authority that an individual is either a victim of human trafficking in the United Kingdom or a victim of slavery, servitude or forced or compulsory labour in England and Wales;

“specified human rights application” means an application for limited leave to remain in the United Kingdom under—

(a)

paragraph 276ADE(1) of the immigration rules;

(b)

section R-LTRP.1.1. (a), (b) and (d) of Appendix FM to the immigration rules;

(c)

section R-LTRPT.1.1. (a), (b) and (d) of Appendix FM to the immigration rules; or

(d)

any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998(2) (public authority not to act contrary to Convention rights);

“Trafficking Convention reason” means a reason in line with the United Kingdom’s obligations under the Council of Europe Convention on Action against Trafficking in Human Beings, namely that their stay in the United Kingdom is necessary(3):

(a)

owing to the individual’s personal situation;

(b)

because the individual is co-operating with a police investigation or criminal proceedings; or

(c)

in order to pursue a claim for compensation against their traffickers or modern slavery facilitators.

(1)

CETS No. 197.

(2)

1998 c. 42.

(3)

Further information is available in the Competent Authority guidance on www.gov.uk.