UKVI overturned a settlement decision before an appeal hearing took place, but still required an appeal fee

What happened

In winter 2012 Mrs K applied for entry clearance to come to the UK as a dependent of her daughter. In spring 2013 UKVI refused the application on the basis that she had not provided enough evidence of her links to the UK; her lack of necessary support in her home country; the worsening of her medical condition; and her financial support in the UK.

Mrs K appealed the decision and provided further evidence to address the reasons she had been given for refusing her application. Mrs B paid a £140 appeal fee to HM Courts & Tribunals Service (HMCTS). In autumn 2013 UKVI reviewed the case before the appeal hearing took place, and noted that Mrs K had addressed the reasons for her earlier refusal. UKVI overturned the original decision without the need for a hearing.

Mrs B complained that UKVI and HMCTS do not provide sufficient information about refunds.

What we found

We partly upheld this case as there were failings, but we saw no injustice. UKVI's original decision to refuse Mrs K's application was not flawed, and it overturned that decision on the basis of new information which was not included with the original application.

The appeal fee is not specifically to pay for a customer's appeal hearing; it is a contribution to the cost of the appeal system. As a result of making the appeal, Mrs K had her case reviewed and the refusal decision overturned. However, we found UKVI's website did not explain clearly enough the circumstances in which it makes refunds to customers. However, there was no fault in the information HMCTS provided.

We considered whether Mrs B or her mother suffered injustice as a result of UKVI's failings. We did not find that they did. While it would have been helpful to Mrs B to see on the UKVI's website that the appeal fee would not be refunded, we did not think that it would have resolved her complaint. Mrs B remained dissatisfied with the policy regarding appeal fees and refunds.