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JCWI launches crowdfunding appeal for legal challenge against increases in Immigration Tribunal fees

Summary

JCWI seeks donations for court challenge to argue fee increases are unlawful and a disproportionate restriction on access to justice

By EIN
Date of Publication:
17 October 2016

The Joint Council for the Welfare of Immigrants (JCWI) has announced today that it is crowdfunding for a legal challenge against the recent five-fold increase in Immigration Tribunal fees.

Image credit: UK GovernmentJCWI says it will bring a judicial review claim in the High Court arguing that the fees increase is unlawful and a disproportionate restriction on access to justice and the protection of human rights.

The crowdfunding campaign page is at https://www.crowdjustice.org/case/immigration-tribunal-fees-challenge/ and has a target of at least £5,000 by 16 November. JCWI requests that contributions be made to help fund the challenge, and that people also help by sharing the page and spreading the word about the challenge.

JCWI has instructed Liberty as its solicitors, and Laura Dubinsky from Doughty Street Chambers and Karon Monaghan QC from Matrix Chambers as its barristers. All have agreed to work pro bono at this stage.

JCWI says appellants in the Immigration Tribunal often face life-changing, and even life-ending consequences if a wrong decision is made, and notes that no other UK tribunal is raising fees to the extent of the Immigration Tribunal, or is being expected to cover its own cost.

The Copyright Tribunal, for example, is said to only charge £50 for most applications.

The JCWI appeal page states: "The Government has reduced appeal rights so that the vast majority of immigration decisions no longer carry a right of appeal to the Tribunal. It has also introduced legislation meaning that some appeals can only be pursued once a person has left the UK. New legislation passed this year will have the effect of curtailing the rights of appeal that a person can exercise while still in the UK even further. These fee increases will have the same effect - even fewer people will be able to access an independent review of their immigration or asylum related application."

It continues: "When the decision involves something as serious and irreversible as sending someone back to face potential torture or death, this is simply unacceptable."

JCWI also requests that lawyers should contact them if they are able to provide information or case studies about how the fee increases will affect clients. Contact details for JCWI are available here.