access to legal counsel and, where free legal assistance is available, it is to be offered to applicants without financial means. … Appeals must be possible on both points of fact and law as the possibility exists that there may have been an incorrect assessment of the evidence at first instance level.”2 3) British citizenship fees: Under Article 32 of the 1954 Convention, states are bound “as far as possible [to] facilitate the assimilation and naturalisation of stateless persons”, and [to] ‘make every effort to expedite naturalisation proceedings and to reduce as far as possible the charges and costs of such proceedings”. Many countries offer reduced fees or waive fees for citizenship applications by stateless persons, and/or have low or no fees for children. For example, citizenship applications fees in other European countries include: ▪ ▪ ▪ Germany: £229 (€255) per adult and £46 (€51) per child; Ireland: £157 (€175) per adult or child; Sweden: £128 (1500 SEK) per adult; free or £15 (175 SEK) per child; free for stateless refugees. In contrast, the UK currently charges fees for acquisition of British citizenship that far exceed the fees charged by many European countries, and that are set at approximately 3 times over the administrative cost of processing individual applications. Currently, applicants for British citizenship must pay fees of £1,330 per adult and £1,012 per child, and these fees have risen drastically from £35 in 1983.3 While a fee waiver is available with respect to immigration applications, no waiver or exemption exists for citizenship registration or naturalisation applications, not even for people who are destitute or children in social care. The UK government’s justification for citizenship fees is that “those who benefit directly from [the UK’s] immigration system (migrants, employers and educational institutions) contribute towards its costs…; [and] that fees are set fairly, at a level that reflects the real value of a successful application to those who use the service.” 4 This justification is not in line with the 1954 Convention, which refers only to administrative costs and reducing them as far as possible. Nor are the fees in accordance with the 1961 Convention, which makes no allowance for fees which prevent stateless children’s acquisition of citizenship. Further, the Government has failed to adequately justify the citizenship fees with reference to the “benefit” to be gained from a successful application, as pointed out in an April 2019 review by the Independent Chief Inspector of Borders and Immigration (ICIBI Report) of the Government’s immigration and nationality fee policy. The ICIBI Report recommends, among other things, that where an application fee is set above cost because it includes the “benefits that are likely to accrue”, the surplus should be refunded where the application is refused (except where refused on grounds of fraud). The Government has not implemented this recommendation. The Home Office’s practice is to “refuse and advise to reapply” rather than to provide an opportunity to correct mistakes or provide outstanding information. Accordingly, in addition to the barriers posed by high amount of the fee, the risk of losing the entirety of the fee remains a serious deterrent for many. Finally, the case for waiving or reducing fees for stateless child applicants is overwhelming. Children generally have no independent income, and children born stateless in the UK have a statutory entitlement to British citizenship under the British Nationality Act, in accordance with the UK’s obligations under the 1961 Convention. This policy briefing was prepared by Cynthia Orchard, Statelessness Policy and Casework Coordinator at Consonant, in collaboration with: Nina Murray (European Network on Statelessness); Judith Carter (University of Liverpool Law Clinic); and lawyers at Latham & Watkins (Sophie Lamb QC, Samuel Pape, Maarten Overmars, Bryce Williams, Aisling Billington and Jonathan Lauras). Please direct any queries to Cynthia Orchard at statelessness@consonant.org.uk. Further resources at: Consonant (formerly Asylum Aid) https://consonant.org.uk/policy-briefings-on-statelessness/. 2 UNHCR, Handbook on the Protection of Stateless Persons (2014), Paras. 76-77. PRCBC & Amnesty International UK, Briefing on Fees for the Registration of Children as British Citizens (2019), pp. 2-3. 4 Impact Assessment for the Immigration and Nationality (Fees) Order 2015. 3 4