The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016

for paragraph (1) substitute—

“(1)

No fee is payable for—

(a)

an appeal against a decision made under—

(i)

section 40 of the British Nationality Act 1981^f1 (deprivation of citizenship);

(ii)

regulation 19(3) of the Immigration (European Economic Area) Regulations 2006^f2 (exclusion and removal from the United Kingdom);

(b)

an appeal under section 82(1)(c) of the Nationality, Asylum and Immigration Act 2002^f3 (revocation of protection status).”;

after paragraph (1) insert—

“(1A)

No fee is payable for a relevant appeal brought by an appellant who has been excepted from the requirement to pay an application fee under the 2016 Regulations in accordance with the following exceptions—

(a)

exception 4.5 (application by person physically present in UK but liable to immigration detention where the requirement to pay the fee would be incompatible with the person’s Convention rights) in Table 4 of paragraph (2) of Schedule 1 to those Regulations; or

(b)

exception 9.4 (specified human rights applications) in Table 9 of paragraph (2) of Schedule 2 to those Regulations.

(1B)

 For the purposes of this article, a “relevant appeal” is an appeal against a decision to refuse the application in respect of which the appellant was excepted from the requirement to pay a fee under the 2016 Regulations.”;

for paragraph (4) substitute—

“(4)

No fee is payable where the appellant is—

(a)

a child for whose benefit services are provided by a local authority under—

(i)

section 17 of the Children Act 1989^f4 (provision of services for children in need, their families and others);

(ii)

section 22 of the Children (Scotland) Act 1995^f5 (promotion of welfare of children in need); or

(iii)

article 18 of the Children (Northern Ireland) Order 1995^f6 (general duty of authority to provide personal social services for children in need, their families and others);

(b)

a child for whom provision is being made by a local authority for the purpose of meeting the child’s needs under section 37 of the Social Services and Well-being (Wales) Act 2014^f7 (duty to meet care and support needs of a child);

(c)

a person who has parental responsibility for a child described in sub-paragraph (a) or (b); or

(d)

a child for whom accommodation is provided under—

(i)

section 20 of the Children Act 1989^f8 (provision of accommodation for children: general);

(ii)

section 76 of the Social Services and Well-being (Wales) Act 2014^f9 (accommodation for children without parents or who are lost or abandoned etc.);

(iii)

section 25 of the Children (Scotland) Act 1995 (provision of accommodation for children, etc.); or

(iv)

article 21 of the Children (Northern Ireland) Order 1995 (provision of accommodation for children: general).”.