Pay to prove that you are a child: the government consults on fees for age assessment appeals to the Immigration and Asylum Chambers

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The government has launched a consultation on the fees payable by applicants who lodge certain kinds of appeals in the Immigration and Asylum Chambers (IAC): the administrative tribunals responsible for hearing appeals against decisions of the Home Office in immigration and asylum matters.

This blog post criticises the government’s conduct of its consultation, challenges the validity of its reasoning, and argues that there ought to be no fees for age assessment appeals.

The government’s consultation on fees for age assessment appeals is implicitly predicated on these appeals being brought by adults seeking an asylum and immigration benefit. From this starting point flows justifications for fees based on appellants paying for a service that they use, with fees exemptions for the most vulnerable.

In contrast, I argue that age assessment appeals ought to be viewed first and foremost as being brought by children seeking protection for their fundamental human rights. This change of perspective fundamentally undermines the rationales contained in the consultation for having fees for these kinds of appeals.

This change of perspective also inextricably leads to a conclusion that age assessment appellants ought to be generally exempt from fees, rather than reliant on ad hoc exceptions. This is because of both the nature of the appellant (a child) and the kind of appeal (about securing the respect and protection of human rights). The application of a precautionary principle so that there is no risk of any child being denied access to their human rights ought to outweigh concerns of providing a free right of appeal to some “undeserving” adult migrants.