Article 5 Exemption from feesI1

United Kingdom

F1(1)

No fee is payable for—

(a)

an appeal against a decision made under—

(i)

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

F2(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

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

F3(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 F4the 2018 Regulations in accordance with the following exceptions—

(a)

F5exception 4.4.1 (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 F6the 2018 Regulations.

(2)

No fee is payable where, at the time the fee would otherwise become payable, the appellant is, under the 1999 Act—

(a)

a “supported person” as defined in section 94(1); or

(b)

provided with temporary support under section 98.

(3)

No fee is payable where, for the purpose of proceedings before the Tribunal, the appellant is in receipt of—

F7(a)

civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) made available under arrangements made for the purposes of that Part of that Act;

(b)

legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981^f1; or

(c)

civil legal aid or advice and assistance under the Legal Aid (Scotland) Act 1986^f2.

F8(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 (provision of services for children in need, their families and others);

(ii)

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

(iii)

article 18 of the Children (Northern Ireland) Order 1995 (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 (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 (provision of accommodation for children: general);

(ii)

section 76 of the Social Services and Well-being (Wales) Act 2014 (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).

(5)

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.

Annotations

Textual amendments

F1: Art. 5(1) substituted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 5(1)(a) (with arts. 5(2), 7)
F2: Art. 5(1)(a)(ii) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 38(2) (with reg. 38(3)(4))
F3: Art. 5(1A)(1B) substituted for art. 5(1A)(1B) (6.4.2017) by The Immigration and Nationality (Fees) Regulations 2017 (S.I. 2017/515), reg. 1(2), Sch. 12 para. 1(3)
F4: Words in art. 5(1A) substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(3)(a)(i)
F5: Words in art. 5(1A)(a) substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(3)(a)(ii)
F6: Words in art. 5(1B) substituted (6.4.2018) by The Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330), reg. 1(2), Sch. 12 para. 1(3)(b)
F7: Art. 5(3)(a) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 23 (with reg. 14(2))
F8: Art. 5(4) substituted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 5(1)(c) (with arts. 5(2), 7)

Commencement

I1: Art. 5 in force at 19.12.2011 in accordance with art. 1

Footnotes

f1: S.I. 1981/228.
f2: 1986 c. 47.