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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