Paying Home Office Litigation Debt

Litigation debt is a debt owed to the Home Office when a court or tribunal orders an individual to pay the department's legal costs. This can arise from various types of litigation, including appeals, judicial reviews, and private law claims such as unlawful detention. The Home Office has the power to refuse applications for entry clearance, leave to enter, or remain in the UK if an individual owes them a litigation debt. This power came into effect on April 6, 2016, and applies to applications made on or after that date.

While there is a presumption in favour of refusal for most routes, Home Office caseworkers must consider the individual circumstances of each case and whether refusal is reasonable. Applicants should provide all relevant information and evidence relating to their debt, as there are limited circumstances where further information will be requested.

Litigation debt can arise from appeals, judicial reviews, and private law claims

Litigation debt, or unpaid litigation costs, is a debt owed to the Home Office because a court or tribunal has ordered an individual to pay the Home Office's legal costs. This can arise from appeals, judicial reviews, and private law claims, such as unlawful detention.

Appeals

If an individual has filed an appeal and lost their case, they may be ordered to pay the Home Office's legal costs, resulting in litigation debt. This often occurs when the appeal is deemed to be without merit.

Judicial Reviews

Judicial reviews are a way to challenge the lawfulness of a decision or action made by a public body, such as the Home Office. If an individual initiates a judicial review and loses, they may be ordered to pay the Home Office's legal costs, leading to litigation debt.

Private Law Claims

Private law claims, such as unlawful detention, can also result in litigation debt if the individual filing the claim loses their case. In this case, they may be ordered to pay the Home Office's legal costs.

It is important to note that litigation debt can arise from all types of litigation and that debts of any size are considered a serious matter by the Home Office. When applying for entry clearance, leave to enter, or remain in the UK, the existence of litigation debt is a factor that can impact the outcome of the application. It is, therefore, crucial for individuals to be aware of the potential consequences of initiating legal proceedings against the Home Office and to carefully consider their options before taking any legal action.

The Home Office decides on applications based on evidence provided by the applicant and any information from the Litigation Finance Team

The Home Office has the power to refuse applications for entry clearance, leave to enter, or remain in the UK if the applicant owes a litigation debt to the department. This power came into effect on 6 April 2016.

A litigation debt is a debt owed to the Home Office because a court or tribunal has ordered the applicant to pay the department's legal costs. This can arise from various types of litigation, including appeals, judicial reviews, and private law claims such as unlawful detention.

When deciding on applications, the Home Office considers the evidence provided by the applicant, as well as any information from the Litigation Finance Team relating to the litigation debt. The Home Office must take into account all relevant factors, such as how the debt was accrued, the applicant's level of cooperation with debt recovery attempts, the applicant's ability to pay, and the length of time the debt has been outstanding.

While debts of any size are considered a serious matter, the decision to refuse an application is not automatic and is based on the individual circumstances of each case. The Home Office must also consider any compassionate or other reasons for granting the application, such as human rights and the best interests of a child.

If an application is approved despite an outstanding litigation debt, the Home Office will clearly state that the debt remains outstanding and must be paid.

The Home Office must consider the individual circumstances of each case

When considering whether to refuse an application, the Home Office must take into account all relevant factors, such as:

• How the debt was accrued, including the conduct of the applicant in bringing the litigation.
• The level of cooperation with Home Office debt recovery attempts, including whether the applicant has ignored requests to make contact about the debt or failed to honour an arrangement to pay.
• The location of the applicant—if the applicant is outside the UK, they may be less likely to have ongoing ties to the UK and less incentive to pay.
• The purpose of the application, including whether there are any compassionate or other reasons for granting the application despite the debt.
• The applicant's ability to pay, including any compassionate or other circumstances surrounding their inability to pay.
• How long the debt has been outstanding, including whether the applicant has resisted attempts to secure repayment.

The Home Office must also consider human rights and the child's best interest factors. If the applicant is unable to pay the litigation debt but otherwise qualifies for entry or leave to remain on human rights grounds, or because it is in the best interest of a child, it will not normally be proportionate to refuse the application solely because of the litigation debt.

Applicants should provide all relevant information and evidence relating to litigation debt

Applicants should provide all relevant information and evidence relating to their litigation debt. This includes evidence of their inability to pay, such as financial records or information about their income and savings. They must also provide details of any previous correspondence or arrangements made with the Home Office regarding the repayment of the debt, such as proof of instalment payments.

Additionally, applicants should be prepared to explain the circumstances surrounding the litigation debt, including the nature of the litigation and their conduct in bringing it forward. This is because the Home Office will consider the individual circumstances of each case when deciding whether to refuse an application on the basis of litigation debt.

It is important to note that the burden of proof lies with the Home Office to prove that a litigation debt exists. However, applicants should still provide as much relevant information and evidence as possible to support their case.

If applicants are unsure about what information or evidence to provide, they can seek legal advice from immigration specialists or consult official Home Office guidance.

The Home Office must prove the existence of litigation debt

The Home Office must prove the existence of a litigation debt. This means that the onus is on the Home Office to demonstrate that an applicant owes them money due to a court or tribunal ordering the applicant to pay their legal costs. The standard of proof is the balance of probabilities, meaning it is more likely than not that the applicant owes the Home Office money. Evidence of the debt must be provided if it is contested, and this evidence generally comes from the Litigation Finance Team.

The Home Office must always check whether an applicant owes a litigation debt. This debt can arise from various types of litigation, including appeals, judicial reviews, and private law claims such as unlawful detention. The existence of a litigation debt is a valid reason to refuse an application, but it is not an automatic reason for refusal. The Home Office must consider the circumstances of the individual case and whether refusal is reasonable, taking into account all relevant factors.

Some factors that the Home Office must consider include how the debt was accrued, the level of cooperation with debt recovery attempts, the location of the applicant, the purpose of the application, the applicant's ability to pay, and how long the debt has been outstanding. Human rights and the best interests of any children involved must also be taken into account.

If an applicant has an outstanding litigation debt but has entered into an arrangement to pay it off in instalments and is adhering to that arrangement, the debt should not be taken into account when considering the application. Additionally, if an applicant has valid reasons for not engaging with the Home Office to resolve the debt or honouring an agreement to pay, this may also be considered when deciding whether to grant the application.

Frequently asked questions