The Home Office has agreed to review its policy on fee waivers for human rights-based applications following a legal challenge by a Nigerian national. The case, FE v SSHD, concerned a care worker who had applied to extend his leave to remain in the UK. He had submitted his application on time and had proceeded with biometric checks, but his application was later treated as being out of time because he had not paid the application fee.

 

The case of MY (Pakistan) v SSHD considered when a "refusal decision" constitutes a "refusal of a human rights claim" for the purpose of the Immigration Act 2014. The Court of Appeal held that an application for leave to remain and a "human rights claim" are conceptually different things, serving different purposes. The former is the mechanism by which the Secretary of State may be required to grant leave to remain, while the latter is a claim that the claimant's removal would be contrary to their Convention rights.