Factual Background
2. The first applicant entered the United Kingdom at some point in 2006. She held entry clearance as a Working Holiday Maker. The leave to enter which was conferred by her entry clearance was valid until 2008, after which she overstayed. 3. The second applicant also entered the United Kingdom as a Working Holiday Maker. He entered on 24 May 2005 and held leave to enter in that capacity until May 2007. On application, his leave was extended until 21 November 2007. Upon the expiry of that period of leave to remain, he also overstayed. 4. The third, fourth and fifth applicants were born in the United Kingdom on 15 June 2010 and 14 July 2014 respectively. 5. On 22 December 2018, the applicants applied for leave to remain on Article 8 ECHR grounds. Their applications were made with the assistance of a firm of representatives, the Refugee and Migrant Forum of Essex and London (“RAMFEL”). The FLR (FP) application form was accompanied by a detailed covering letter from RAMFEL and a volume of supporting evidence. It was submitted, in summary, that it would be a breach of Article 8 ECHR to remove the family from the United Kingdom. Reliance was particularly placed on the best interests of the children and it was submitted that the older two children had lived in the United Kingdom for more than seven years and that it would not be reasonable to expect them to leave (paragraph 276ADE(1)(iv) of the Immigration Rules refers).
- J U D G M E N T
- Judge Blundell:
- Factual Background
- Application for Fee Waiver
- Decision Under Challenge
- R (Carter) v SSHD
- Procedural Background
- R (Omar) v SSHD
- Ahsan
- Legislative Scheme
- Omar
- Sheikh
- It seems to me that if a person demonstrates upon proper proof that they cannot pay the fee, then a policy which does not provide for waiver in those circumstances is incompatible with a Convention right. [emphasis added]
- Version 3.0 of the Fee Waiver Policy
- Carter
- Although a fee waiver will not normally be granted where evidence of destitution is not provided, or where an applicant cannot show that they would be rendered destitute by paying the fee, there may be exceptional circumstances affecting the applicant’s expenditure which mean that a fee waiver should be granted.
- It is for the applicant to provide evidence that there is something exceptional about their financial circumstances and ability to pay that warrant granting the fee waiver request
- Witness Evidence for the Respondent
- Submissions
- Ahsan v SSHD
- Shrestha
- Balajigari
- R (Mujahid) v FtT & SSHD
- Shrestha
- Discussion
- R (Ellis) v SSHD
- MS & MBT v SSHD
- PK (Ghana) v SSHD
- Odelola
- Sherstha
- Ahsan & Others v SSHD
- Ahsan & Ors
- Ahsan
- Balajigari & Ors
- R (AT) v SSHD
- Baihinga
- R (Alighanbari) v SSHD
- [2013] EWHC 1818 (Admin)
- SSHD v JCWI
- Supplemental Judgment
- Postscript