Immigration lawyers have warned that immigrants could be ‘penalised’ as a result of government plans to introduce fees in certain immigration and asylum appeals.

Court fees of up to £250 could be charged for immigration and asylum tribunal appeals. No fees are currently charged.

The fees would apply from 2011 to appeals against UK Border Agency (UKBA) decisions refusing leave to remain, or to enter or vary the terms of permission to stay in the UK. The fees are likely to be about £125 for oral hearings, £65 for paper hearings and £250 for appeals to the upper tribunal. Appellants who qualify for legal aid receive asylum support or face deportation would not be required to pay.

Hina Majid, legal director of the Joint Council for the Welfare of Immigrants, said that the new charges were unjust because immigrants already contributed to the public purse. She said: ‘Fees from immigration applications generate approximately £300m a year for the UK, while research shows that immigrants are also net contributors through taxation. Appellants should not be penalised for the UKBA’s poor decision making, particularly given that their appeals often concern matters of life and death.’

Thalej Vasishta, managing director of Nottingham firm Paragon Law, said: ‘You can ask for costs from the High Court or Court of Appeal, but not from the immigration appeals tribunal, which is unfair. Charging immigrants fees simply adds more unfairness to an already unfair system.’

Justice minister Jonathan Djanogly said: ‘I believe that it is reasonable to ask non-UK citizens appealing against some categories of immigration and asylum decisions to contribute to the costs of the administration of that appeal, where they are able to.’