Government backtracks on Immigration Tribunal fee rises

A climbdown on huge fee rises recently imposed in the Immigration and Asylum Chamber of the First-tier Tribunal was announced today by the UK Government.

Ministers confirmed only in September that the increases, including a jump from £80 to £490 for “a decision on the papers,” and from £140 to £800 for an oral hearing, would go ahead despite near-total opposition expressed during a consultation. Ministers wanted to raise an extra £34m a year towards the £75m cost of the tribunal, which last year only brought in £7m in fees.

At the time, the Law Society of England & Wales argued that the rises would disproportionately affect groups already vulnerable to discrimination, being mainly from black, Asian and minority ethnic backgrounds, and were likely to unlawfully discriminate, as falling disproportionately on those with "protected characteristics" as defined by the Equality Act.

In a statement today, Justice Minister Sir Oliver Heald QC said the Government had "listened to the representations that we received on the current fee levels and have decided to take stock".

He continued: "From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee.

"We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees."

Extensions to fee exemptions announced at the same time, to include those recognised as destitute, parents of children receiving support from local authorities, children in local authority care, and those appealing a decision to revoke their humanitarian protection or refugee status, will remain in place.

The statement added that the role of fees in the Upper Tribunal would also form part of the review. These were also due to increase, at a later stage than the First-tier Tribunal.

Further proposals will be brought for consultation "in due course".