Emiljano Spahiu & Anor, R (on the application of) v The Secretary of State for the Home Department

(12) In the first of these two cases [Spahiu] the initial judicial decision embodied a refusal of permission to apply for judicial review and a refusal to permit amendment of the grounds. As the analysis in [5] above makes clear, this latter aspect of the Judge’s order was superfluous. The Applicant has now made an application for an oral renewal hearing and seeks to rely on the proposed amended grounds. Giving effect to the general rule noted in [5] above, I consider that the Applicant should be permitted to rely on the additional grounds. They effectively formed part of the application as lodged since they were added prior to the first judicial adjudication. Furthermore, no significant issue of delay or prejudice is identifiable. Finally, no further fee is payable. (13) In the second application [Salehi] the Applicant, having been granted permission to apply for judicial review, now applies for permission to introduce a new ground of challenge. The Applicant is challenging a decision of the Secretary of State proposing to remove him to Hungary under the terms of the Dublin Regulation. Two comparable challenges in the Administrative Court have been selected and listed together for the purpose of giving guidance on returns to Hungary generally. Other cases have been stayed in the meantime. Given these considerations and having regard to the overriding objective, I consider the appropriate course to be to defer adjudication of the amendment application until the Administrative Court decisions become available. (14) I would merely add that experience shows that in cases of this kind the advent of post-decision material and associated litigation activity, sometimes relatively frenzied, is a not unfamiliar phenomenon: see for example HN and SA . FINALLY (15) The attention of judges and practitioners is drawn to the updated Fees Table attached as Appendix 1. Signed: The President, The Honourable Mr Justice McCloskey Dated: 18 April 2016 Sent to the Applicant, Respondent and any interested party / the Applicant’s, Respondent’s and any interested party’s solicitors on (date): Home Office Ref: APPENDIX 1 This document sets out the full list of fees applicable to Judicial Review processes in the Immigration and Asylum Chamber of the Upper Tribunal as of 21 March 2016 Fees have been taken from The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 as amended by SI/2013/2069, SI/2013/2302, SI/2014/878 and the 2016 Order. To find the legal documents containing the most recent amendments refer to http://www.legislation.gov.uk/ No. Description Fee Explanatory note – added by UTIAC Starting proceedings 1.1 Permission to apply for judicial review £140 1.1(a) On a request to reconsider at a hearing a decision on permission £350 Where permission has been refused or application not admitted Where the Tribunal has made an order giving permission to proceed with an application for judicial review, there is payable by the applicant within 7 days of service on the applicant of that order:- 1.2 If the judicial review procedure has been started Where fee 1.1(a) has been paid and permission is granted at a hearing, the amount payable under fee 1.2 is £350 £700 Where permission has been granted on paper or at a hearing [other than following 1.1(a)] and the case is to progress to a substantive hearing, the full fee of £700 is required. Where permission has been granted at a hearing following 1.1(a), the amount payable to progress to a substantive hearing is £350 1.3 Permission to proceed (claim not started by the JR procedure). £140 Other Fees charged 2.1 On an application on notice where no other fee is specified £255 2.2 On an application by consent or without notice where no other fee is specified Fee 2.2 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the Tribunal at least 14 days before the date set for that hearing £100 2.3 On an application for a summons or order for a witness to attend the Tribunal £50 Copy Documents 3.1 On a request for a copy of a document filed for the purposes of immigration judicial review proceedings in the Tribunal (other than where fee 3.2 applies) the fee payable under fee 3.1 includes: • where the Tribunal allows a party to fax to the Tribunal for the use of that party a document that has not been requested by the Tribunal and is not intended to be placed on the Tribunal's file; • where a party requests that the Tribunal fax a copy of a document from the Tribunal's file; • the Tribunal provides a subsequent copy of a document which it has previously provided (a) for ten pages or less; (b) for each subsequent page. £10 50p 3.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy. £10