ABSTRACT
Under s 42, the Secretary of State may levy a fee for certain specified non-asylum immigration applications at a level which exceeds the administrative cost of processing those applications and which affects the benefits that the Secretary of State thinks are likely to accrue to a successful applicant. The government has given an undertaking that, prior to the laying of the order to levy fees, it will undertake all possible consultations with appropriate bodies. For example, where the fees are payable by employers, as in the case of work permits, the government would expect to consult with a large sample of those organisations on the UK work permit database, members of the UK work permit user panel, and sector panels. Although there is no evidence that the increase in fees is acting as a disincentive to foreign students, it is important that there is full recognition of the fact that the international student market is worth an estimated £5 billion a year to the UK economy; international students contribute to income tax and national insurance contributions for part time and vacation work. Over-charging for students would be short-sighted and would risk alienating the international student market. For this reason, it is important to recognise s 42(4), which provides that where a fee is set in exercise of the power in this section, the instrument that prescribes that fee may provide that the part of the fee that exceeds the cost of determining an application or undertaking a process may be refunded if the application is unsuccessful or a process is not completed. Under s 42(6), the Secretary of State must consult those persons whom he deems appropriate prior to the introduction of a fee in the exercise of his power.
