Application Fees

Dear UK Border Agency,

1. I note from the UKBA Guidance Notes for the various forms that:
"We will not refund the fee if we refuse the application or if you
withdraw it", e.g. page 3 from
http://www.ukba.homeoffice.gov.uk/siteco...

2. I would like to request guidance on whether the fee is
ultimately refundable if the application was refused due to policy
wording that was later challenged as a result of the Asylum and
Immigration Tribunal.

3. For example, the policy wording for the HSMP judicial review
document "HSMP FORUM LTD JUDICIAL REVIEW: POLICY DOCUMENT"
(published 9 July 2008) includes section on fees as follows: "20.
Migrants will not be charged a fee to apply for the review
described in paragraph 15." and "26. Migrants will not be charged a
fee to apply for the review described in paragraph 21". This
suggests that applicants are not charged for decisions being
reversed after the HSMP Judicial Review.

4. If the information above is not forthcoming, I would like to
receive, from the UK Border Agency Finance Department, the amounts
and numbers of application fees being refunded in the past 5 years.
For example:
2007 - £43000 refunded to 120 applicants
2008 - £45000 refunded to 155 applicants
etc.

Yours faithfully,
C Lamb

Dear Freedom Of Information Team ( IND ),

Many thanks for your detailed and accurate response.

Yours sincerely,

C Lamb