Judicial Reviews in the Upper Tribunal

The House of Lords Committee debated an amendment to the Crime and Courts Bill in order to transfer all immigration, asylum and nationality judicial reviews from the High Court to the Upper Tribunal. Currently the Upper Tribunal is limited to judicial reviews in fresh claim matters. It was agreed that the amendment should proceed. From 02 July 2012 the judicial reviews will be transferred on a staggered basis. The full debate can be read here (column 494 onwards).

The Costs of an Appeal

From October 2011 the Tribunal Service will start charging fees for immigration appeals.

Fees will be set at £80 for an appeal based on the papers, and £140 for an oral hearing. However, the consensus is that, once these rates are accepted, they fees are likely to increase over time.

Where a person asks for a paper hearing, but a judge requests a oral hearing, there will be no charge. A person can apply for a refund where the opposite occurs.

The fees will be restricted to the First-tier Tribunal, so no fees are currently planned for appeals in the Upper Tribunal.

The Tribunal may award these costs against the UK Border Agency if it was clear that they should have accepted the initial decision, and the appeal could have been avoided.

Those in receipt of NASS support, child support, and who qualify for legal aid, will be exempt. Also exempt are appeals regarding deportation, removal, revocation, deprivation of citizenship, humanitarian cases, and detained cases.