R (on the application of Elmi and others) v Secretary of State for the Home Department [2010] EWHC 2775 (Admin), [2010] All ER (D) 124 (Nov)
What mattered in relation to an application for fee exemption under the Immigration and Nationality Fees Regulations 2007 (SI 2007/1158), the Consular Fees Order 2008, SI 2008/676 and the Immigration and Nationality (Fees) (Amendment) Regulations 2008, SI 2008/544 was that:
(i) the nature of the underlying visa or entry clearance application should be clear so that it was possible to see whether a fee was payable and whether a fee exemption might be available;
(ii) it was clear that an application for fee exemption was being made;
(iii) an evidential basis for the fee exemption was provided; and
(iv) a fee waiver power existed, even if it changed over time. If a fee exemption application was made and relevant evidence was not provided, it was to be hoped that the department would tell an applicant what at least the target of any evidence should be.
