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
, even though they are not destitute or likely to be rendered destitute by payment. If it is obvious that the applicant is dealing with exceptional financial circumstances along the lines described, but insufficient detail has been provided, the decision maker should ask for detailed verification. If the decision maker considers a fee waiver may be appropriate on the basis of exceptional circumstances, the application should be referred to a senior caseworker for a decision. 54. Pages 22-24 provide detailed guidance on the way in which income and assets are to be considered, with sub-headings relating income from employment and self-employment, illegal working, welfare benefits and tax credits and support from family and friends. I need not refer to the final pages, which refer to the process for granting or refusing fee waiver requests.
- 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