The cost of bringing an appeal before the Immigration and Asylum Chamber is set to rocket from 10 October. Appeal rights already eroded by the Immigration Acts 2014 and 2016, will now be further denied to a swathe of aggrieved appellants due to the increased cost.
The fee payable for an application to the First-tier Tribunal for an oral hearing will rise from the current £140 to a staggering £800. These fees are per appellant and so a spouse with 2 dependant children could see the cost of bringing an appeal before the tribunal increase from £420 to £2400.
For those appellants wishing to have a decision on the papers the appeal fees will increase from £80 to £490. In all but the most straightforward of appeal scenarios, it is preferable for an appellant to have an oral hearing.
In addition to the fee increases, three new fees are to be introduced at some point after the 10th of October; specifically, a fee of £455 for an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal, a fee of £350 to renew an application to the Upper Tribunal for permission to appeal (where an application to the First-tier Tribunal has been refused), and lastly an appeal fee in the Upper Tribunal itself of £510.
This will unquestionably close the door to justice for many individuals and is likely to lead to a big drop in the number of appeals brought before the courts. The combination of high visa fees, the complexity of the law and evidential requirements, inflexibility at the Home Office and the increased difficulty and expense in bringing an appeal before the courts can make the immigration process daunting. More than ever, it is imperative that clients receive quality legal advice and assistance with their immigration applications. If you would like assistance with your immigration matters, please contact us via the online contact form, by email at firstname.lastname@example.org, or on +44 (0)20 7038 3980 to discuss your needs.