Case No. UKUT-00222-(IAC)

6. The letter from RAMFEL also contained a section about the applicants’ ability to pay the fees for the applications, which totalled £7665, including the Immigration Health Surcharge. That section of the letter was in the following terms: Despite this positive contribution though, our client and Mr Acheampong have struggled desperately due to their inability to work and provide for their children. Their church have supported them with intermittent financial support and provided food and clothing, but as they confirm in their supporting statements they cannot assist the family with the fees for this application. Aside from support from friends, amounting to no more than relatively small cash donations, the family have no regular source of income and depend on the food bank run by the organisation representing them in this application. They are also not paying for legal advice and RAMFEL are acting pro-bono in this matter. The family currently reside at […]. This accommodation is provided by a family friend and the family make irregular payments only rather than paying consistent rent. They previously resided at […] and Mr Acheampong’s bank statements are still addressed here as he has yet to update his details with the bank. It is submitted that there is no prospect of the family raising the funds for this application - £7665 with the Immigration Health Surcharge – within the foreseeable future, ie 12 months and on this basis a fee waiver should be granted. Account statements for all bank accounts held by the family, as well as credit cards held by our client, are enclosed. Our client has a savings account and an ISA with Barclays, but she does not receive statements for these accounts. However, her current account statements show that the balance for her savings account has remained consistently at £0.00 whilst the ISA’s balance stands at £0.01. It is clear that our client and her partner have no meaningful income, and it is repeated that there is no prospect of them raising the funds for this application. In summary, it is submitted that our client qualifies for a fee waiver due to her inability to raise the funds for this application… 7. Also submitted to the respondent with Form FLR(FP) was a completed Appendix 1: Request for a Fee Waiver. The rubric at the start of that form included sections in the following terms: You should only complete this form if you are seeking a fee waiver because you think you meet the published fee waiver policy. This will be because you are destitute, or because you would become destitute if you paid the fee (in respect of your own application or one or more of your dependants included in the application), or because there are exceptional circumstances relating to your financial circumstances which mean that you are unable to pay the fee for your application (or for that of one or more of your dependants). […] The decision on whether you qualify for a fee waiver will be made on the basis of the information you provide in this form and the evidence submitted with it. It is your responsibility to provide sufficient information and evidence to demonstrate that you qualify for a fee waiver. You will need to provide documentary evidence with this fee waiver application to demonstrate your financial circumstances. The nature of this evidence will vary according to your individual circumstances, but some examples of relevant documents you may wish to include are listed below. 8. There then followed a list of the types of evidence which might support the application for a fee waiver. The applicants indicated that they were submitting four types of evidence: bank statements covering the period of six months prior to the application; savings accounts statements for the same period; letters from a registered charity or Local Authority confirming receipt of support; and other documents (as described in RAMFEL’s covering letter). 9. In section 1 of the application form, the applicants left unchecked a box next to the statement ‘I am destitute’. They checked the box next to the statement ‘I am not destitute but I would become destitute if I paid the application fee’. Also checked was the box next to the following statement: I am not destitute and would not become destitute if I paid the application fee, but I have exceptional circumstances relating to my financial circumstances which mean I am unable to pay the fee for my own application and all of the dependants included in the application. 10. In the section of the form which asked for an explanation of the answers to those questions, the applicants’ solicitor had placed a stamp which stated “See cover letter”, referring to the letter from which I have quoted above. The form was filled out with various other details. At section 2, the first applicant provided her personal details including her National Insurance number. Section 3 contained the personal details of the remaining applicants. 11. At section 4, the applicants provided details of their accommodation, stating that they had lived there since September 2017 and that they had not been asked to leave the property. They stated that the property was neither owned nor rented but that it was provided by a friend. They stated that they made a ‘variable’ contribution to their accommodation costs. In answer to a question about whether or not they received other financial support, including from a Local Authority, they answered in the negative. At the foot of the page on which that question was asked, the applicants were requested to provide documentary evidence such as annotated bank statements and payslips from the third party from whom support was received. At the end of section 4, the applicants stated that they were not homeless and would not become homeless shortly. 12. Section 5 of the form is entitled ‘Your Financial Details’. It begins with an emboldened paragraph which reads as follows: Please note we require evidence of your finances, including bank statements, building society savings books or other formal documentation in support of your application for a fee waiver. The evidence should cover the six month period prior to your application being submitted. If you are being supported by a friend or relative, we require written evidence in the form of a letter confirming this, with formal documentation showing that person’s financial resources. If you are being supported by a registered charity or a Local Authority, we also require formal documentation to evidence this. Please provide full details of exactly what the support consists of, why you are eligible for such support and when the support began. 13. The applicants then stated that they had received ‘intermittent’ support from friends since arriving in the UK. The first applicant’s sister in Belfast had also provided support previously. In answer to question 5.2, the applicants stated that they were unable to borrow money for the application fee from family and/or friends. A statement at 5.4 of the form requested applicants who were already receiving financial support from family or friends to provide documentary evidence to confirm whether they were able to borrow the application fee from those individuals. 14. A series of questions then sought to elicit information regarding the potential sources of funding not covered previously. The applicants stated that they were not receiving support from a former partner and that they had not received compensation or damages. The only non-cash asset they had was a television which was worth about £100. At 5.11, the applicants stated that they had attached bank statements for the accounts they held in the UK. At 5.14-5.17, they indicated that they had no income from employment or potential employment. 15. Section 6 of the form is concerned with the amount of public funds received by an applicant, if any. The applicants stated that they were not receiving any of the 21 different types of public funds listed. Section 7 asked about the second applicant’s financial situation. Each of these boxes was marked to indicate that he had no employment or assets. At 7.8, reference was made to his bank statements having been appended to the form. Section 8 asked for any additional information which was thought to be relevant. The applicants’ solicitor had again stamped this section “See cover letter”. At section 9, the applicants were required to provide a summary of their monthly incomings and outgoings. In the former column, they indicated that they received variable assistance from family and friends. No other sources of income were stated. In the latter column, the applicants stated that they paid gas and household bills (gas, electricity and water) of £160 and that they paid for the children’s school meals, at a cost of £92. 16. The form concluded with two places for the first applicant’s signature. Above the first was an emboldened warning that “All figures on this form must be supported with evidence/documentation”. Above the second was a declaration section, containing warnings in familiar terms, about the importance of providing accurate information and the consequences of failing to do so. There was then a box, underneath the place for the applicant’s signature, which contained this: Any friend, relative or other party whom the applicant has stated will provide financial support and/or is a joint customer with the applicant with a bank or utility company must ensure that they have also completed the consent for verification checks declaration which is included in the relevant leave to remain application form. 17. On the final page of the 25 page form, the applicants checked boxes to indicate that they had completed all sections of the form; enclosed all documentary evidence required by the form; and enclosed a fully completed application for leave to remain. 18. Evidence which bore on the application for a fee waiver and the application for leave to remain was submitted with the application forms. The evidence which related to the application for a fee waiver was as follows: (i) the first applicant’s Barclays Bank current account statement from November 2017 to December 2018; (ii) the first applicant’s current account mini-statement from 30 October 2018 to 15 December 2018; (iii) the second applicant’s Barclays Bank current account statement from November 2017 to November 2018; (iv) the first applicant’s Marks & Spencer credit card statement for May to September 2018; and (v) the first applicant’s Tesco credit card statement for April 2018 to October 2018. I should note (as did RAMFEL in the covering letter) that the Barclays statements also sought to provide an overview of the adult applicants’ finances, in that they also gave the balance of their ISA accounts, which were £0.01 and £0.00 respectively.