J U D G M E N T
This judgment was handed down remotely by circulation to the parties’ representatives by email at 4pm on 20 May 2020.
The Secretary of State’s Fee Waiver Guidance, version 3, was unlawful because it failed properly to reflect the settled test, of whether the applicant is able to afford the fee.
- 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