The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

JurisdictionUK Non-devolved
CitationSI 2011/2344

2011 No. 2344

Tribunals And Inquiries, England And Wales

The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

Made 22th September 2011

Laid before Parliament 26th September 2011

Coming into force 17th October 2011

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 42 of the Tribunals, Courts and Enforcement Act 20071.

The Lord Chancellor has consulted the Senior President of Tribunals and the Administrative Justice and Tribunals Council in accordance with section 42(5) of that Act before making this Order and has obtained the consent of the Treasury in accordance with section 42(6) of that Act.

Citation, commencement, interpretation and extent
S-1 Citation, commencement, interpretation and extent

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 and shall come into force on 17 October 2011.

(2) In this Order —

“fresh claim proceedings” means judicial review proceedings which call into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 20022wholly or partly on the basis that they are not significantly different from material that has previously been considered, and which have been begun in or transferred to the Upper Tribunal pursuant to a direction made by the Lord Chief Justice of England and Wales for the purposes of section 18(6) of the 2007 Act3;

“LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 19994; and

“the Tribunal” means the Upper Tribunal.

(3) This Order extends to England and Wales only.

Fees payable

Fees payable

S-2 Where fresh claim proceedings are issued in or transferred to...

2. Where fresh claim proceedings are issued in or transferred to the Tribunal, the fees set out in column 2 of Schedule 1 are payable in respect of items described in column 1 in accordance with and subject to the directions specified in that column.

S-3 Where by any convention, treaty or other instrument entered...

3. Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions
S-4 Remissions and part remissions

Remissions and part remissions

4. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

McNally

Minister of State

Ministry of Justice

22nd September 2011

James Duddridge

Brooks Newmark

Two of the Lords Commissioners of Her Majesty’s Treasury

21st September 2011

SCHEDULE 1

Article 2

Fees to be taken in fresh claim proceedings

Number and description of fee

Amount of fee

1. Starting proceedings

1.1 For permission to apply for judicial review.

£60

Where the Tribunal has made an order giving permission to proceed with an application for judicial review, there is payable by the applicant within 7 days of service on the applicant of that order:

1.2 If the judicial review procedure has been started.

£215

1.3 If the claim for judicial review was started otherwise than by using the judicial review procedure.

£60

2 Other Fees charged

2.1 On an application on notice where no other fee is specified.

£80

2.2 On an application by consent or without notice where no other fee is specified.

£45

Fee 2.2 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the Tribunal at least 14 days before the date set for that hearing.

2.3 On an application for a summons or order for a witness to attend the Tribunal.

£40

3. Copy Documents

3.1 On a request for a copy of a document filed for the purposes of fresh claim proceedings in the Tribunal (other than where fee 3.2 applies):

(a) for ten pages or less;

£5

(b) for each subsequent page.

50p

Note: The fee payable under fee 3.1 includes:

where the Tribunal allows a party to fax to the Tribunal for the use of that party a document that has not been requested by the Tribunal and is not intended to be placed on the Tribunal’s file;

where a party requests that the Tribunal fax a copy of a document from the Tribunal’s file;

the Tribunal provides a subsequent copy of a document which it has previously provided.

3.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.

£5

SCHEDULE 2

Article 4

Remissions and Part Remissions

SCH-2.1

1. Interpretation

(1) In this Schedule—

“child” means a child or young person in respect of whom a party is entitled to receive child benefit in accordance with section 141, and regulations made under section 142, of the Social Security Contributions and Benefits Act 19925;

“child care costs” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 20066;

“couple” has the meaning given in section 3(5A) of the Tax Credits Act 20027;

“disposable monthly income” has the meaning given in paragraph 5;

“excluded benefits” means—

(a) any of the following benefits payable under the Social Security Contributions and Benefits Act 1992

(i) attendance allowance paid under section 64;

(ii) severe disablement allowance;

(iii) carer’s allowance;

(iv) disability living allowance;

(v) constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;

(vi) council tax benefit;

(vii) any payment made out of the social fund;

(viii) housing benefit;

(b) any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 20098or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 20119;

(c) a back to work bonus payable under section 26 of the Jobseekers Act 199510;

(d) any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198311;

(e) any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 200612;

(f) any payment made from the Independent Living Funds; and

(g) any financial support paid under an agreement for the care of a foster child;

“the Funding Code” means the code approved under section 9 of the Access to Justice Act 1999;

“gross annual income” means total annual income, for the 12 months preceding the application for remission or part remission, from all sources other than receipt of any of the excluded benefits;

“gross monthly income” means total monthly income, for the month in which the application for remission or part remission is made, from all sources other than receipt of any of the excluded benefits;

“the Independent Living Funds” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006;

“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

“party” means the individual who would, but for this Schedule, be liable to pay the fee required under this Order;

(2) Paragraphs 2, 3 and 4 do not apply to a party who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code.

SCH-2.2

2. Full remission of fees—qualifying benefits

(1) No fee is payable under this Order if, at the time when a fee would otherwise be payable, the party is in receipt of a qualifying benefit.

(2) The following are qualifying benefits for the purposes of sub-paragraph (1)—

(a)

(a) income support under the Social Security Contributions and Benefits Act 1992;

(b)

(b) working tax credit, provided that no child...

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