Explanatory note

The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 (“the 2011 Order”) (S.I. 2011/2841) prescribes the fees that are payable for appeals to the Immigration and Asylum Chamber of the First-tier Tribunal. This Order amends the 2011 Order to introduce a scheme for the remission of fees for appellants who are in the United Kingdom when they bring their appeal.

Eligibility for remission or reduction of a fee will be based on two tests - a disposable capital test and a gross monthly income test. These tests are set out in a Schedule (“the Schedule”) which is inserted into the 2011 Order by article 2(4) of this Order.

Paragraphs 3 and 4 of the Schedule set out the disposable capital test. Appellants who satisfy the disposable capital test will receive a full fee remission, pay a contribution to the fee or have to pay the fee in full, as determined by the gross monthly income test set out in paragraphs 11 and 12 of the Schedule.

The gross monthly income test applies a series of thresholds to single people or couples, with an allowance for the number of dependent children they have. Appellants with a gross monthly income below a certain threshold will receive a full fee remission. Appellants will be required to pay a contribution of £5 towards their fee for every £10 of gross monthly income they earn over the relevant threshold.

A full impact assessment of the effect that this instrument will have on the Ministry of Justice, HM Courts and Tribunals Service (HMCTS) and HMCTS users is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on https://legislation.gov.uk.