Plans to increase Asylum and Immigration Tribunals by 500% are discriminatory, says Law Society

Government proposals to increase Asylum and Immigration Tribunal fees by more than 500% could constitute unlawful discrimination, the Law Society has warned.

The proposed fee increases are designed to help reduce the Ministry of Justice’s (MoJ) funding deficit, but would come at the expense of denying justice to people appealing Home Office decisions on immigration and asylum. The punitive fees would mean that Home Office decisions would not be subject to scrutiny or justice, whereas currently a high number of decisions are overturned on appeal.

Jonathan Smithers, president of the Law Society, said: "Everyone should be able to access the Asylum and Immigration Tribunal, irrespective of their financial means…The tribunal provides a vital check on immigration and asylum decisions. A significant proportion of appeals that reach the tribunal are upheld. Yet the MoJ itself estimates the 500% fee increase would lead to a 20%-40% drop in appeals. Families making joint appeals, where the fee is payable by each family member, will be particularly hard hit, so a family of five would have to pay £4,000 compared to the £800 fee for a single person, though both receive the same ‘service’. We believe the fee increases may result in discrimination in that those who cannot afford the fees will not be able to access justice. In addition, the impact of fee increases will be disproportionately felt by people with protected characteristics as the vast majority of Immigration Tribunal applicants are from black, Asian and minority ethnic backgrounds."