Government to ignore opposition to immigration tribunal fee rises

UK ministers are to impose huge increases in the fees for immigration and asylum cases, despite massive opposition in responses to a consultation on the proposals.

The Ministry of Justice, in a paper confirming the rises, said its policy remained that, where fees were charged to access public services, they should be set at such a level to recover the full cost.

It means that fees for an application to the immigration and asylum section of the First-tier Tribunal will jump from £80 to £490 for “a decision on the papers,” and from £140 to £800 for an oral hearing.

Appeals to the Upper Tribunal will attract a fee for the first time of £350 for applications and £510 for the appeal hearing. In addition there will be a £455 fee for an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal.

Only five out of 142 respondents agreed with the proposed fees in the First-tier Tribunal, 10 out of 116 agreed with the introduction of fees at full cost recovery levels in the Upper Tribunal, and eight out of 111 agreed with the fees for applications for permission to appeal.

In 2015-16 the Government only recovered £7m of the £75m it cost to run the First-tier Tribunal, with the Upper Tribunal costing a further £11m. The ministry estimates that the charges will raise an extra £34m a year.

A concession has been made in that applicants who have been assessed as destitute by the Home Office will not have to pay the fees, in addition to those on asylum support or those who already qualify for legal aid.

The Law Society of England & Wales urged MPs to reject the plans. President Robert Bourns commented: "The Ministry of Justice's decision to proceed with these punitive increases – despite all the warning about how they will hamper access to justice – is a huge setback for justice in the UK.

"Worse still, this will disproportionately affect groups already vulnerable to discrimination, as the vast majority of Immigration Tribunal applicants are from black, Asian and minority ethnic backgrounds.

"We fear that the fee increases unlawfully discriminate, because they are likely to fall disproportionately on those with 'protected characteristics' as defined by the Equalities Act."

The Law Centres Network described the rises as "disgraceful".

However the Ministry said the increases would "secure the funding of immigration and asylum tribunals", while protecting access to justice and the most vulnerable appellants through the exemption scheme.

The increases will be implemented as soon as possible, beginning with the First-tier Tribunal.