The Costs of an Appeal
23/05/11 09:29 Filed in: Court and Tribunals
From October 2011 the Tribunal Service will start charging fees for immigration appeals.
Fees will be set at £80 for an appeal based on the papers, and £140 for an oral hearing. However, the consensus is that, once these rates are accepted, they fees are likely to increase over time.
Where a person asks for a paper hearing, but a judge requests a oral hearing, there will be no charge. A person can apply for a refund where the opposite occurs.
The fees will be restricted to the First-tier Tribunal, so no fees are currently planned for appeals in the Upper Tribunal.
The Tribunal may award these costs against the UK Border Agency if it was clear that they should have accepted the initial decision, and the appeal could have been avoided.
Those in receipt of NASS support, child support, and who qualify for legal aid, will be exempt. Also exempt are appeals regarding deportation, removal, revocation, deprivation of citizenship, humanitarian cases, and detained cases.