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Breaking news – Immigration Court Fee Increase To Come Into Effect on 10th October 2016

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The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 comes into force on 10th October 2016. It amends the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 and introduces a dramatic increase the fees payable for cases heard in the First-tier Tribunal (Immigration and Asylum Chamber).

Under Article 4, where an appellant agrees to an appeal being determined by the Tribunal without a hearing, the new fee is £490 (formerly £80). Where the appellant does not consent to the appeal being determined without a hearing, the fee is £800 (formerly £140).

These figures represent a five-fold increase, which may have the effect of pushing the right of appeal for points-based visa decisions financially out of reach for some applicants.

Situations where the fee increase will not apply

According to Article 5 of the Order, the fee increase will not apply in situations in involving:

  • depravation of Citizenship
  • exclusion and removal cases
  • revocation of protected status
  • a person is subject to Immigration detention and the payment of the fee would be incompatible with their rights under the European Convention of Human Rights
  • children and those responsible for children (in very limited circumstances)

The changes made by the Order, aside from in relation to refunds, only apply to decisions that were taken on or after 10th October 2016.

OTS Solicitors is one of the most respected Immigration law firms in London. By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. We can assist you with all aspects of visa applications, Immigration appeals and judicial review.

If you wish to discuss any of the points raised in this blog, please phone our London office on 0203 959 9123

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