EEA 2 Appeal Fees excemption?
Posted: Thu Aug 23, 2012 3:05 pm
Hi
I have been arguing with the fees team @ the first tier tribunal. They are adamant that I am not except from the appeal fee as I was not given removal instructions even though I was told to make plans to be removed.
Is there any legislation that could help me prove that I am except?
Apparently Article 5 does not suffice.
http://www.legislation.gov.uk/ukdsi/201 ... /article/5
(viii)regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(6) (a decision to remove an EEA national or the family member of such a national);
And below is the response from the fees department
Dear Sir,
Thank you for your email.
You have enquired into the exemption criteria regarding EEA Residency appeals.
The fees order does make provision for an exemption under the following criteria;
Regulation 19(3) of the Immigration (European Economic Area) Regulation 2006 (11) (a decision to remove and EEA national or the family member of such a national).
Please note that in the situation you have outlined below re: refusal to issue a residence card; this does not meet the criteria as above. In the situation where the UKBA has served the appellant with Removal Directions then the above exemption may be met. Where no removal directions have been set, but the Notice of Immigration decision refers to the appellant making preparations to leave the UK, a fee is still applicable.
If you have any further submissions which you feel exempt the appellant from paying a fee please supply them in writing at the earliest available opportunity.
If you require a further copy of the instructions on how to pay, please contact the tribunal on 0300 123 1711 or email us at customer.service@hmcts.gsi.gov.uk
Yours Sincerely,
Fees Investigation Team
I have been arguing with the fees team @ the first tier tribunal. They are adamant that I am not except from the appeal fee as I was not given removal instructions even though I was told to make plans to be removed.
Is there any legislation that could help me prove that I am except?
Apparently Article 5 does not suffice.
http://www.legislation.gov.uk/ukdsi/201 ... /article/5
(viii)regulation 19(3) of the Immigration (European Economic Area) Regulations 2006(6) (a decision to remove an EEA national or the family member of such a national);
And below is the response from the fees department
Dear Sir,
Thank you for your email.
You have enquired into the exemption criteria regarding EEA Residency appeals.
The fees order does make provision for an exemption under the following criteria;
Regulation 19(3) of the Immigration (European Economic Area) Regulation 2006 (11) (a decision to remove and EEA national or the family member of such a national).
Please note that in the situation you have outlined below re: refusal to issue a residence card; this does not meet the criteria as above. In the situation where the UKBA has served the appellant with Removal Directions then the above exemption may be met. Where no removal directions have been set, but the Notice of Immigration decision refers to the appellant making preparations to leave the UK, a fee is still applicable.
If you have any further submissions which you feel exempt the appellant from paying a fee please supply them in writing at the earliest available opportunity.
If you require a further copy of the instructions on how to pay, please contact the tribunal on 0300 123 1711 or email us at customer.service@hmcts.gsi.gov.uk
Yours Sincerely,
Fees Investigation Team