PK (Ghana) v SSHD
[2018] EWCA Civ 98; [2018] 1 WLR 3955. He is certainly correct in that submission, although I prefer to express my conclusion more simply: the guidance is unlawful because it fails to focus the mind of the reasonable and literate reader on the affordability test. As in
Carter
, it does not provide for waiver upon proper proof that the applicant cannot pay the fee; the reasonable and literate reader would understand something more to be required.
90.
It is perfectly understandable that the respondent should expect foreign nationals who seek leave to remain to pay a fee for their application which represents in part a contribution to the departmental costs of processing an application and in part a payment in recognition of the benefits an applicant would obtain from a successful application (
- 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