UTIAC If the respondent asserts that an application was not accompanied by a fee, and so was not valid, the respondent has the onus of proof.
The respondent’s system of processing payments with postal applications risks falling into procedural unfairness, unless other measures are adopted.
When notices of appeal raise issues about payment of the fee and, consequently, the validity of the application and the appeal, Duty Judges of the First-tier Tribunal should issue directions to the respondent to provide information to determine whether an application was accompanied by the fee.
Blake J, P
[2012] UKUT 113 (IAC), [2012] Imm AR 673
Bailii
England and Wales
Immigration
Updated: 11 November 2021; Ref: scu.452666