Case No. UKUT-00222-(IAC)

26. The relevant provisions are not in issue between the parties and much of what follows is taken directly from [16]-[23] of the amended grounds. 27. By s68 of the Immigration Act 2014 (“the 2014 Act”), the respondent has power to require a fee for an application for leave to remain. Section 68(2) provides that the functions in respect of which fees are to be charged are to be specified by the Secretary of State by order. By s68(7), the amount to be charged for any particular function is to be set by the Secretary of State by regulations. By s68(10), the Secretary of State is empowered to permit, by way of regulations, the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise). 28. Article 4(1) of the Immigration and Nationality (Fees) Order 2016 (“the Fees Order”), as amended, provides that a fee is to be charged for the consideration of an application for leave to remain in the United Kingdom. 29. By paragraph 1 of schedule 2 to the Immigration and Nationality (Fees) Regulations 2018 (“the Fees Regulations”), applications such as those made by the applicant (in reliance on Article 8 ECHR) are defined as specified human rights applications. As a result of Table 6 of the same regulations, the fee for such an application is £1033 per applicant. An additional fee, or surcharge, is imposed by the Immigration (Health Charge) Order 2015 which, at the material time, stood at £500 per applicant. 30. By regulation 16 of the Fees Regulations, the Secretary of State may reject an application as invalid or request an applicant to pay an outstanding fee where that person is required to pay a fee specified in the Regulations but has failed to do so. The fee may however be waived in accordance with paragraph 9.4 of Table 9 of the Fees Regulations, which provides as follows: No fee is payable in respect of a specified human rights application where to require payment of the fee would be incompatible with the applicant’s Convention rights.