2016 No. 928 (L. 16)
The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 42(1) and (2), 49(3) of the Tribunals, Courts and Enforcement Act 20071.
The Lord Chancellor has consulted the Senior President of Tribunals in accordance with section 42(5) of that Act before making this Order and has obtained the consent of the Treasury in accordance with section 42(6) of that Act.
Citation and commencement1
This Order may be cited as the First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 and comes into force on 10th October 2016.
Amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011
2
The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 20112 is amended as follows.
3
In article 2 (interpretation), insert at the appropriate place—
“appealable decision” means a decision from which there is a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal
“respondent” has the meaning given by article 1(4) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 20143
“the 2016 Regulations” means the Immigration and Nationality (Fees) Regulations 20164.
4
In article 3 (fees for appeals)—
a
in paragraph (3)(a), for “£80” substitute “£490”;
b
in paragraph (3)(b), for “£140” substitute “£800”; and
c
after paragraph (5) insert—
5A
Where a notice of decision against which the appellant is appealing contains more than one appealable decision, one fee is payable in respect of each appealable decision that is not exempt under article 5
5
1
In article 5 (exemption from fees)—
a
for paragraph (1) substitute—
1
No fee is payable for—
a
an appeal against a decision made under—
i
section 40 of the British Nationality Act 19815 (deprivation of citizenship);
ii
regulation 19(3) of the Immigration (European Economic Area) Regulations 20066 (exclusion and removal from the United Kingdom);
b
an appeal under section 82(1)(c) of the Nationality, Asylum and Immigration Act 20027 (revocation of protection status).
b
after paragraph (1) insert—
1A
No fee is payable for a relevant appeal brought by an appellant who has been excepted from the requirement to pay an application fee under the 2016 Regulations in accordance with the following exceptions—
a
exception 4.5 (application by person physically present in UK but liable to immigration detention where the requirement to pay the fee would be incompatible with the person’s Convention rights) in Table 4 of paragraph (2) of Schedule 1 to those Regulations; or
b
exception 9.4 (specified human rights applications) in Table 9 of paragraph (2) of Schedule 2 to those Regulations.
1B
For the purposes of this article, a “relevant appeal” is an appeal against a decision to refuse the application in respect of which the appellant was excepted from the requirement to pay a fee under the 2016 Regulations.
c
for paragraph (4) substitute—
4
No fee is payable where the appellant is—
a
a child for whose benefit services are provided by a local authority under—
i
section 17 of the Children Act 19898 (provision of services for children in need, their families and others);
ii
section 22 of the Children (Scotland) Act 19959 (promotion of welfare of children in need); or
iii
article 18 of the Children (Northern Ireland) Order 199510 (general duty of authority to provide personal social services for children in need, their families and others);
b
a child for whom provision is being made by a local authority for the purpose of meeting the child’s needs under section 37 of the Social Services and Well-being (Wales) Act 201411 (duty to meet care and support needs of a child);
c
a person who has parental responsibility for a child described in sub-paragraph (a) or (b); or
d
a child for whom accommodation is provided under—
i
section 20 of the Children Act 198912 (provision of accommodation for children: general);
ii
section 76 of the Social Services and Well-being (Wales) Act 201413 (accommodation for children without parents or who are lost or abandoned etc.);
iii
section 25 of the Children (Scotland) Act 1995 (provision of accommodation for children, etc.); or
iv
article 21 of the Children (Northern Ireland) Order 1995 (provision of accommodation for children: general).
2
The amendments made by paragraph (1) do not apply in the case of an appeal against a decision in relation to which the provisions mentioned in article 1(2)(e) of the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 201414 are continued in effect by article 9 of that Order.
6
In article 9 (refunds), after paragraph (1) insert—
1A
For the purposes of this article an appeal is only “determined without a hearing” if—
a
the respondent has consented to, or has not objected to, the matter being decided without a hearing; or
b
the First-tier Tribunal has considered that it can justly determine the matter without a hearing in accordance with rule 25(1)(g) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 201415.
Transitional provision: general7
Subject to articles 5(2) and 8, the amendments made by this Order only apply in respect of an appeal to the First-tier Tribunal against a decision which was taken on or after the coming into force date of this Order.
Transitional provision: refunds8
The amendments made by article 6 only apply where the appellant has provided a notice of appeal to the First-tier Tribunal on or after the coming into force date of this Order.
We consent
(This note is not part of the Order)