Drawing special attention to five statutory instruments - Statutory Instruments Joint Committee Contents


Appendix 3


S.I. 2011/2344: memorandum from the Ministry of Justice


Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (S.I. 2011/2344)


1.  By a letter dated 2 November 2011, the Committee sought a memorandum on the following point:

(1) Explain the intended effect of the Note following fee 3.1 in Schedule 1 and how effect is given to that intention.

2.  This Order is intended to apply the same fees as those for judicial review proceedings in the High Court. So the fee for copy documents, specified in paragraph 3 of Schedule 1 to the Order, is the same as that applied in the High Court, by virtue of paragraph 4 of Schedule 1 to the Civil Proceedings Fees Order (S.I.2008/1053 as amended).[1]

3.  The Note to fee 3.1 deals with three situations where the tribunals service will be put to extra expense because a fax or an extra copy of a document, which is not needed by the Tribunal itself, is requested.

4.  The first scenario in the Note covers a situation where, for example, on the day of the hearing a party needs information from their own file, which is not required by the Upper Tribunal, and asks if their office can fax that information to the Tribunal. The second scenario covers where, for example, a day before a hearing is due, a party discovers that they do not have a copy of one of their own documents on their file e.g. their acknowledgement of service and asks the Tribunal to fax a copy from their own file to the party. The third scenario in the Note covers, for example, where the Upper Tribunal has notified a party of its decision and the party then loses that document and asks to be provided with a further copy (by post or in person). The Note to 3.1 makes it clear that in all these situations a party may be charged.

5.  We are giving effect to this and other provisions by providing a link to the Order on the MOJ's web page entitled "Application for fresh claim judicial review" which can be found at:

http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/immigration-and-asylum/upper/fresh-claim-judicial-review.htm

6.  On that webpage, applications and correspondence is to be addressed to the Upper Tribunal Immigration and Asylum Chamber at the Royal Courts of Justice on the Strand. If fax/copy documents are requested that office will note the number of pages and advise the applicant of the cost under the Fees Order and payment will normally be required before the fax/copy is sent/ received.

Ministry of Justice

8 November 2011



1 1  . S.I 2008/1053 has been amended by S.I. 2008/2853, S.I. 2009/1498, S.I. 2011/586 )

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Prepared 29 November 2011