Fee remissions in the First-tier Tribunal (Immigration and Asylum Chamber)

Overview

The consultation is aimed at anyone who has an interest in immigration, asylum and nationality matters or who would be affected by the removal of legal aid for most non-detention immigration appeals when the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force in April 2013.

We currently utilise the fact that legal aid solicitors establish whether or not appellants meet the financial eligibility criteria for legal aid and if they do and receive legal aid then we exempt them from paying an appeal fee. We are consulting on our proposal for an alternative means to establish for ourselves whether or not any of these affected appellants can pay the fee or should have their appeal fee reduced or remitted (if they do not first qualify for any other exemption) under the Lord Chancellor’s power, so they will be able to use the First-tier Tribunal (Immigration and Asylum Chamber) to determine their appeal.