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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Omar, R (on the application of) v Secretary of State for the Home Department (Rev 1)  EWHC 3448 (Admin) (30 November 2012)
Cite as:  EWHC 3448 (Admin),  Imm AR 601
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT IN BIRMINGHAM
33 Bull Street, Birmingham, B4 6DS
B e f o r e :
| The Queen on the application of Osman Omar
|- and -
|Secretary of State for the Home Department
Jeremy Johnson QC (instructed by The Treasury Solicitor) for the Defendant
Hearing date: 29 November 2012
Crown Copyright ©
Mr Justice Beatson :
The legal framework
"Where an order under this section provides for a fee to be charged, regulations made by the Secretary of State –
(a) shall specify the amount of the fee,
(b) may provide for exceptions,
(c) may confer a discretion to reduce, waive or refund all or part of a fee,
(d) may make provision about the consequences of the failure to pay a fee."
Mr Mackenzie relied in particular on section 51(3)(c).
"(1) An application in connection with immigration or nationality to which this Article applies must be accompanied by the fee for the time being specified in relation to the application in question in regulations made under section 51(3) of the 2006 Act.
(2) This Article applies to applications for –
(a) leave to remain in the United Kingdom given in accordance with the provisions of, or made under, the 1971 Act…
(b) the variation of leave to enter, or remain in, the United Kingdom given in accordance with the provisions of, or made under, the 1971 Act…"