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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.
2002 c. 41. An “asylum claim” and a “human rights claim” are defined in section 113 of the 2002 Act. Amendments to those definitions made by section 62(1) of the Immigration, Asylum and Nationality Act 2006 have not been commenced.
The Lord Chief Justice’s direction for the time being in force can be found at
http://www.judiciary.gov.uk/publications-and-reports/practice-directions/tribunals/tribunals-pd.
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