Cost of an appeal / lawyers / AIT (ASYLUM AND IMMIGRATION TRIBUNAL

[aiden]

Hello guys
Have some questions and im sure someone on here will have some top answers.

IF for example my wifes spousal application is refused and we end up at the AIT (court case for immigration in the UK)

Does anybody know if its free or do i need to pay an awful amount of money for the money and solicitor fees?

Please can someone kindly give me some answers.

I want to keep the costs down to the bear minimum.

Just forecasting for possible expenditure in the future.

Many thanks

[aiden]

Would love some comments and opinions on this one?

[Dedworth]

As you aren't an asylum seeker it won't be free so as with all lawyers, particularly the specialist variety I'd guess an awful lot of money would be the answer.

Isn't there an "in between" level of appeal before it ends up in court ?

I wouldn't be thinking of those things - stay positive

[Terpe]

Aiden,

If a refusal is made then UKBA will issue you with a letter clearing stating the reasons for refusal together with full details on how to appeal.
When you send in an appeal the Entry Clearance Manager will review the refusal decision, this is carried out on receipt of the appeal and before any appeal is despatched to UK.

It was always the case that normally no charge for appeals made against refused applications.
BUT.... I think that has recently changed and charges are either being made or being introduced.

I can't remember all the details but my memory banks suggest the charges are not too hefty, I remember seeing something like a maximum of about £200 being talked about.

There was a consulation document on this last year, and I know there were some exceptions.

If I can find some time later to google it I'll do so.
If you have time try to google/search.

But really, as Dedworth said, better to stay positive. You case is getting stronger the more you think about how to counter any possible reasons for refusal. Stay focussed on that.
No-one wants to contemplate appeals, they take huge amounts of enegy and time. Oftentimes it's better to ask the ECM for a review and /or follow with a new application that addresses the refusal issues.

Dedworth, you may (or may not) have been 'tongue-in-cheek' but I rather suspect you may well be correct.

[stevie c]

HI terpe how about refusals on ILR is there a charge for appeals on refusal of ILR :Erm:

[Terpe]

OK Aiden,
I took some time to do a search and here's what I found out, but sorry to say you'll need to do some reading and 'weeding' yourself.

Firstly here's the UKBA webpage on Appeals - visas and entry clearance (http://www.ukba.homeoffice.gov.uk/customs-travel/beforetravel/visas/appeals/)

This page and it's associated links provide good info on how to go about the appeal.

On the latest status,

The Ministry of Justice has confirmed that fees will be charged for lodging appeals in the immigration tribunal from October 2011.
Fees to be set at £80 for paper hearings and £140 for oral hearings to begin with, but with increases likely, starting with the managed migration and settlement appeals

No fees to be charged in the Upper Tribunal, although this may be revisited in future

A discretionary power is to be given to Immigration Judges to award the cost of the appeal fee against UKBA:

Certain appellants will be exempt from paying the fees, including:

•Those in receipt of s.95 and s.98 1999 Act support
•Those in receipt of s.17 Children Act 1989 support from a local authority (but not unaccompanied children in receipt of s.20 support)
•Those who qualify for legal aid (not just those who receive it, it would seem)
•Decisions with regard to deportation, removal, revoking a person’s leave to remain, or deprivation of citizenship or right to abodE
•Humanitarian protection cases (but not asylum cases, very strangely – see further below)
•Detained Fast Track cases

Source:-
http://freemovement.wordpress.com/2011/05/17/fees-for-immigration-appeals-from-october

Here's the Ministry of Justice documentation. (http://www.justice.gov.uk/downloads/consultations/appeals-fee-charges-consultation-response-eia.pdf)

Although I'm pretty sure no-one will bother to read much of it at least it's included here since I managed to find it.

As I mentioned it does need reading, as it looks like ALL applicants from a single submission MAY be charged the fee.

It does state:-
Where an appellant cannot afford a fee they may already meet the requirements of a provision where the fee will be remitted automatically, such as entitlement to Asylum Support, Legal Aid or support under Section 17 Children’s Act. The appellant should first take the opportunity to apply for these provisions if available to them.

So you could get legal aid. (although that too is being reviewed) :doh

Aiden, don't forget that IF (and that could be a big IF) you also hire a solicitor/lawyer/advisor that may become an additional very significantcost (depends on Legal Aid eligibility)

Sorry I have no idea at all how much that might add up to.
But anyway here's what they will do for you (in principle)

- Analyse your Initial application
- Check your supporting documents
- Examine your refusal letter
- Draft detailed grounds of UK Visa Appeal, giving legal reasons as to why your application should not have been refused
- Provide expert caseworker to represent you before the Immigration Judge when your Visa Appeal is heard. They would use legal arguments, case law and immigration rules and policies to present your case.

Sorry it's long and complex, but that's the way it looks to be.

As I said before, better to fully comply with, and focus on the requirements for the visa approval at the outset rather than rely on a very long winded (and potentially expensive) appeals process to determine legality of decision. Which is what the appeal if for.

Hope it helps you in your considerations

[Arthur Little]

IF for example my wifes spousal application is refused and we end up at the AIT (court case for immigration in the UK)

:) Aiden, mate ... I know you're thinking ahead to the worst case scenario, but you MUST'NT look at things in that light. :nono-1-1: Spousal Visas are rarely refused - without a very good reason - so try to remain positive ... difficult as it may seem.

Almost 3 years ago, I remember feeling a bit like you do now. :rolleyes: Being retired, I was in receipt of a modest allowance from my former employers, and - since this had to be supplemented by Pension Credit in order to bring me up to the minimum income level, until I qualified for the State Pension at age 65 - I became seriously worried that MY wife's visa might be denied. But, in the event, my fears were duly allayed - thanks to the encouragement given to me by the helpful and knowledgeable members of this forum; within a few weeks the visa was granted ... so ... :welcomex: to our midst ... and have faith, Aiden. :xxgrinning--00xx3:

[Terpe]

HI terpe how about refusals on ILR is there a charge for appeals on refusal of ILR :Erm:

Sorry stevie, I missed your post as it must have crossed with mine.
Anyway, I'm not really sure about the ILR appeal, but the way it reads is yes the "fees" will apply.
To be honest stevie, there would have to be some pretty serious non-compliance to invoke an ILR refusal. That would be pretty difficult.