*sm*COURT OF APPEAL (CIVIL DIVISION)- ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL - THE ASYLUM AND IMMIGRATION JUDGE-  EWCA Civ 192*em*
The applicant, who is appealing to the Court of Appeal against an order of the Upper Tribunal, seeks an order under rule 52.9A of the Civil Procedure Rules. The principal issue in this application is whether the court has power to make the order sought;
The order which the applicant seeks is: a. That the Appellant's reasonable incurred disbursements (Court Fees) be paid by the Respondent in any event; b. That the Respondent be prevented from recovery of costs, save for misconduct, against the Appellant in any event; and c. That if the Appellant is successful in her appeal in full or part the usual costs rules apply.
JE succeeded in her appeal.