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Immigration and Asylum Act 1999, Section 35A is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person may appeal to the court against a penalty imposed on him under section [F231A or] 32 on the ground that—
(a)he is not liable to the imposition of a penalty, or
(b)the amount of the penalty is too high.
(2)On an appeal under this section the court may—
(a)allow the appeal and cancel the penalty,
(b)allow the appeal and reduce the penalty, or
(c)dismiss the appeal.
(3)An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty and shall be determined having regard to—
(a)any code of practice under section 32A which has effect at the time of the appeal, [F3and]
(b)[F4the code of practice under section 33 which had effect at the time of the events to which the penalty relates, and]
(c)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
(4)Subsection (3) has effect despite any provision of Civil Procedure Rules.
(5)An appeal may be brought by a person under this section against a penalty whether or not—
(a)he has given notice of objection under section 35(4);
(b)the penalty has been increased or reduced under section 35(6).]
Textual Amendments
F1S. 35A inserted (11.5.2012 for specified purposes, 13.2.2023 for specified purposes) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 8 para. 8 (with s. 159); S.I. 2012/1263, art. 2; S.I. 2023/32, art. 2(1)(b)(2)
F2Words in s. 35A(1) inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 9(2); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)
F3Word in s. 35A(3)(a) inserted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 9(3)(a); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)
F4S. 35A(3)(b) and word omitted (28.4.2022 for specified purposes, 13.2.2023 for specified purposes) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1)(4)(c), Sch. 5 para. 9(3)(b); S.I. 2023/33, reg. 2(1)(c)(iv)(2) (with reg. 4)
Commencement Information
I1S. 35A in force at 13.2.2023 for specified purposes by S.I. 2023/34, art. 2
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