UK government to raise immigration tribunal fees by up to 500 per cent

The UK government is to move ahead with plans to raise immigration tribunal fees by up to 500 per cent – despite the fact only five of 147 consultation responses backed the plans.

The Ministry of Justice (MoJ) said that, while it was grateful for the responses, its policy would remain that fees charged for access to public services should be set at a level to recover full cost.

As a result of the decision, fees for an application to the First-Tier Tribunal in cases of immigration and asylum will rise from £80 to £490 for “a decision on the papers,” and, for an oral hearing, from £140 to £800.

In additions, fees will be brought in for the first time to the Upper Tribunal. Applications will cost £350 and appeal hearings £510.

Speaking to Scottish Legal News, immigration expert Jamie Kerr, of Thorntons, said: “The introduction of fees at this level represents yet another attempt by the UK government to keep their immigration decisions away from independent judicial oversight. Immigration decisions forcibly separate families and will often separate British nationals from their partners and children.

“Taken in the context of lengthy delays in listing appeals and a drastic restriction on which decisions can actually be appealed, the introduction of expensive fees create very significant barriers that restrict judicial oversight and access to justice for a group of people feeling the forceful hand of the state.”

Ministers’ sole concession has been to waive fees for applicants who are destitute. Other exemptions for those on legal aid or asylum support will still apply.

The Public and Commercial Services Union condemned the move, saying: “It is utterly reprehensible that this government is pressing ahead with a 500 per cent increase in tribunal fees, despite overwhelming opposition from law firms, judges, professional bodies, charities and unions.”