Immigration Act 2016

Variation or discharge of illegal working compliance orders

8 (1) An application may be made to the court under this paragraph—

(a) by an immigration officer for an illegal working compliance order to be varied or discharged,

(b) by a person on whom the illegal working closure notice was served under paragraph 4, or by any other person who has an interest in the premises, for an illegal working compliance order to be varied or discharged.

(2) Where an application is made under this paragraph, the court may issue a summons directed to—

(a) an immigration officer,

(b) any person on whom the illegal working closure notice was served under paragraph 4, or

(c) any other person who appears to the court to have an interest in the premises,

requiring the person to appear before the court to respond to the application.

(3) If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.

(4) The court may not discharge an illegal working compliance order unless it is satisfied, on the balance of probabilities, that it is no longer necessary to prevent an employer operating at the premises from employing an illegal worker.