Article 9 RefundsI1
United Kingdom
Subject to paragraph (2) —
where the fee payable under article 3(3)(b) has been paid but the appeal is determined without a hearing, the difference between the amounts specified in article 3(3)(a) and 3(3)(b) may be refunded; and
where a fee has been paid which the Lord Chancellor, if all the circumstances had been known, would have reduced or remitted under F1article 7(3), the fee or the amount by which the fee would have been reduced, as the case may be, shall be refunded.
For the purposes of this article an appeal is only “determined without a hearing” if—
the respondent has consented to, or has not objected to, the matter being decided without a hearing; or
the First-tier Tribunal has considered that it can justly determine the matter without a hearing in accordance with rule 25(1)(g) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.
No refund will be made under this article unless the appellant applies in writing to the Lord Chancellor within 6 months of the date the fee becomes payable.
The Lord Chancellor may extend the period of 6 months mentioned in paragraph (2) if the Lord Chancellor considers there is a good reason for the application being made after the end of the period of 6 months.
Annotations
Textual amendments
- F1
Words in art. 9(1)(b) substituted (20.4.2020) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020 (S.I. 2020/314), arts. 1, 2(3)
- F2
Art. 9(1A) inserted (10.10.2016) by The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016 (S.I. 2016/928), arts. 1, 6 (with arts. 7, 8)