This change in the law was brought about by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016. It will increase the already significant financial burden on people to secure their residence rights in the UK. 

The Home Office makes decisions on a variety of applications including entry clearance, asylum, leave to enter, leave to remain, settlement and residency. If a person wishes to appeal the decision of the Home Office they have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) within a strict time limit.  An individual has the right to appeal an asylum or humanitarian protection claim, a human rights claim, a refusal to issue a residence card under the European Economic Area (EEA) Regulations, a decision to deport, a decision to revoke protection status or a decision revoke British citizenship. 

The difficulty with the increased fee to appeal is that it may deter many people with genuine grounds of appeal from doing so simply because they cannot afford the fee. There are exceptions to paying the fee and individuals considering appealing should seek legal advice quickly. 

Also it should be borne in mind that an individual will have to pay the appeal fee upfront. Waiting times for hearing dates before the First Tier Tribunal are currently in excess of 12 months. If the appeal is successful then an individual can recoup the fee however, they will be waiting some time to recover the cost and will only recover it on the basis that their appeal is successful.The new fees will apply where the decision that is the subject of appeal is taken on or after 10 October 2016. 

If you require immigration advice please contact mgavin@fhanna.co.uk or call 02890243901