The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011

Citation and commencement U.K.

1.  This Order may be cited as the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 and shall come into force on the day after the date on which it is made.

Commencement Information

I1 Art. 1 in force at 19.12.2011 in accordance with art. 1

Interpretation U.K.

2.  In this Order—

“an immigration or asylum matter” means a matter in respect of which functions are allocated to the Immigration and Asylum Chamber of the First-tier Tribunal under article 5 of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010(1);

[F1 “appealable decision” means a decision from which there is a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal];

“appellant” means any person identified in the notice of appeal as appealing in relation to an immigration and asylum matter to the First-tier Tribunal;

“BACS” means the method of payment known as “Banks Automated Clearing System” by which money is transferred from one bank in the United Kingdom to another by means of an automated system;

“international money transfer” means a method of payment by which money is transferred from a bank account outside the United Kingdom to a bank account in the United Kingdom by means of an automated system;

[F1 “respondent” has the meaning given by article 1(4) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014];

“the 1971 Act” means the Immigration Act 1971(2);

“the 1999 Act” means the Immigration and Asylum Act 1999(3);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002(4).

[F2 “the 2018 Regulations” means the Immigration and Nationality (Fees) Regulations 2018].

Textual Amendments

F1 Words in art. 2 inserted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 3 (with art. 7)

F2 Words in art. 2 substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(2)

Commencement Information

I2 Art. 2 in force at 19.12.2011 in accordance with art. 1

Fees for appeals U.K.

3.—(1) A fee is payable in respect of an appeal to the First-tier Tribunal where the appeal relates to an immigration or asylum matter and the decision against which the appeal is made was taken on or after the coming into force of this Order.

(2) The fee is payable by or in respect of each appellant on the date on which the Notice of Appeal is given.

(3) The fee payable is—

(a) where the appellant consents to the appeal being determined without a hearing, [F3 £80]; or

(b) where the appellant does not consent to the appeal being determined without a hearing, [F4 £140].

(4) Subject to paragraph (5), where after making payment in accordance with paragraph (3)(a), the appellant withdraws their consent to the appeal being determined without a hearing, the difference between the amounts specified in subparagraphs (a) and (b) of paragraph (3) (“the balance”) becomes payable on the withdrawal of that consent.

(5) The balance referred to in paragraph (4) ceases to be payable if the Tribunal decides that the appeal can be justly determined without a hearing.

[F5 (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].

(6) This article is subject to articles 5, 6 and 7.

Textual Amendments

F3 Sum in art. 3(3)(a) substituted (29.11.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) (No. 2) Order 2016 (S.I. 2016/1149), arts. 1, 3(a) (with art. 4)

F4 Sum in art. 3(3)(b) substituted (29.11.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) (No. 2) Order 2016 (S.I. 2016/1149), arts. 1, 3(b) (with art. 4)

F5 Art. 3(5A) inserted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 4(c) (with art. 7)

Commencement Information

I3 Art. 3 in force at 19.12.2011 in accordance with art. 1

Method of paying fee U.K.

4.—(1) The fee payable must be paid by one of the following methods—

(a) credit card;

(b) debit card;

(c) BACS; or

(d) international money transfer.

(2) For the purposes of enabling payment to be made by or in respect of the appellant —

(a) authorisation to take payment and details of the credit or debit card, or

(b) an undertaking by or on behalf of each appellant to pay by BACS or an international money transfer,

must be provided at the same time as the giving of the notice of appeal or the subsequent withdrawal of their consent to the appeal being determined without a hearing (as the case may be).

Commencement Information

I4 Art. 4 in force at 19.12.2011 in accordance with art. 1

Exemption from fees U.K.

5.— [F6 (1) No fee is payable for—

(a) an appeal against a decision made under—

(i) section 40 of the British Nationality Act 1981 (deprivation of citizenship);

F7 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an appeal under section 82(1)(c) of the Nationality, Asylum and Immigration Act 2002 (revocation of protection status).]

[F8 (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 [F9 the 2018 Regulations] in accordance with the following exceptions—

(a) [F10 exception 4.4.1] (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 [F11 the 2018 Regulations].]

(2) No fee is payable where, at the time the fee would otherwise become payable, the appellant is, under the 1999 Act—

(a) a “supported person” as defined in section 94(1); or

(b) provided with temporary support under section 98.

(3) No fee is payable where, for the purpose of proceedings before the Tribunal, the appellant is in receipt of—

[F12 (a) civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) made available under arrangements made for the purposes of that Part of that Act;]

(b) legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(5); or

(c) civil legal aid or advice and assistance under the Legal Aid (Scotland) Act 1986(6).

[F13 (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 1989 (provision of services for children in need, their families and others);

(ii) section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need); or

(iii) article 18 of the Children (Northern Ireland) Order 1995 (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 2014 (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 1989 (provision of accommodation for children: general);

(ii) section 76 of the Social Services and Well-being (Wales) Act 2014 (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).]

(5) 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.

Textual Amendments

F6 Art. 5(1) substituted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 5(1)(a) (with arts. 5(2), 7)

F7 Art. 5(1)(a)(ii) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 38(2) (with reg. 38(3)(4))

F8 Art. 5(1A)(1B) substituted for art. 5(1A)(1B) (6.4.2017) by The Immigration and Nationality (Fees) Regulations 2017 (S.I. 2017/515), reg. 1(2), Sch. 12 para. 1(3)

F9 Words in art. 5(1A) substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(3)(a)(i)

F10 Words in art. 5(1A)(a) substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(3)(a)(ii)

F11 Words in art. 5(1B) substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(3)(b)

F12 Art. 5(3)(a) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 23 (with reg. 14(2))

F13 Art. 5(4) substituted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 5(1)(c) (with arts. 5(2), 7)

Commencement Information

I5 Art. 5 in force at 19.12.2011 in accordance with art. 1

Power to defer payment in certain cases U.K.

6.  The Lord Chancellor may defer payment of a fee where the appeal is brought on the grounds that the removal of the appellant from, or a requirement for the appellant to leave, the United Kingdom would breach the United Kingdom’s obligations under either—

(a) the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention; or

(b) article 21 of Directive 2004/83/EC of the European Parliament and Council of 29 April 2004.

Commencement Information

I6 Art. 6 in force at 19.12.2011 in accordance with art. 1

Reduction or remission of fees U.K.

[F14 7.— (1) Subject to paragraph (2), the Schedule applies for the purpose of ascertaining whether an appellant is entitled to a remission or reduction of a fee specified in this Order.

(2) The Schedule does not apply to an appellant who is not in the United Kingdom on the date on which the Notice of Appeal is given.

(3) A fee specified in this Order may be remitted or reduced where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.]

Textual Amendments

F14 Art. 7 substituted (20.4.2020) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020 (S.I. 2020/314), arts. 1, 2(2)

Certificate of fee satisfaction U.K.

8.—(1) The Lord Chancellor must issue a certificate of fee satisfaction if satisfied that—

(a) the appropriate fee payable under article 3 has been paid;

(b) in view of an undertaking given by or on behalf of the appellant, payment will be promptly made by BACS or an international money transfer;

(c) no fee is payable;

(d) payment is to be deferred in accordance with article 6; or

(e) the appellant has, at the time a fee would otherwise be payable under article 3, applied for the fee to be reduced or remitted in accordance with article 7.

(2) The issuing of such a certificate is without prejudice to the power to recover the amount of any payable fee or part of such fee which remains unpaid and unremitted.

(3) The Lord Chancellor may revoke a certificate of fee satisfaction and if a certificate is revoked, the Tribunal shall be notified accordingly.

Commencement Information

I7 Art. 8 in force at 19.12.2011 in accordance with art. 1

Refunds U.K.

9.—(1) Subject to paragraph (2) —

(a) where the fee payable under article 3(3)(b) has been paid but the appeal is determined without a hearing, the difference between the amounts specified in article 3(3)(a) and 3(3)(b) may be refunded; and

(b) where a fee has been paid which the Lord Chancellor, if all the circumstances had been known, would have reduced or remitted under [F15 article 7(3)], the fee or the amount by which the fee would have been reduced, as the case may be, shall be refunded.

[F16 (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 2014.]

(2) No refund will be made under this article unless the appellant applies in writing to the Lord Chancellor within 6 months of the date the fee becomes payable.

(3) The Lord Chancellor may extend the period of 6 months mentioned in paragraph (2) if the Lord Chancellor considers there is a good reason for the application being made after the end of the period of 6 months.

Textual Amendments

F15 Words in art. 9(1)(b) substituted (20.4.2020) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020 (S.I. 2020/314), arts. 1, 2(3)

F16 Art. 9(1A) inserted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 6 (with arts. 7, 8)

Commencement Information

I8 Art. 9 in force at 19.12.2011 in accordance with art. 1

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Department

We consent

Angela Watkinson

James Duddridge

Two of the Lords Commissioners of Her Majesty’s Treasury