Postscript
On 25 June 2020, the Secretary of State confirmed that she would not be lodging an Appellant’s Notice with the Civil Appeals Office and that she was content, in the circumstances, for the suspension of the effect of the Upper Tribunal’s decision to come to an end immediately. 1 This was the term used throughout the hearing, although it is nearly two years since the former Home Secretary indicated his preference for ‘compliant environment’.2
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) 3 I note that Underhill LJ used similar language in Ahsan , at [123], referring to an individual who had made a human rights claim which had not been refused being ‘left entirely in the hands of the Secretary of State and may have to pass many weeks or months in limbo’.
- 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