Immigration and Asylum Act 1999

Valid from 14/11/2002

[F1 40B Appeal U.K.

(1) A person may appeal to the court against a decision to charge him under section 40.

(2) On an appeal under this section the court may—

(a) allow the appeal and cancel the charge, or

(b) dismiss the appeal.

(3) An appeal under this section—

(a) shall be a re-hearing of the Secretary of State’s decision to impose a charge, and

(b) may be determined having regard to matters of which the Secretary of State was unaware.

(4) Subsection (3)(a) has effect despite any provision of Civil Procedure Rules.

(5) An appeal may be brought by a person under this section against a decision to charge him whether or not he has given notice of objection under section 40A(3).]

Textual Amendments

F1 Ss. 40-40B substituted (14.11.2002 for certain purposes and otherwise 8.12.2002) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 125, Sch. 8 para. 13 (with s. 159); S.I. 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

C1 Ss. 40-43: power to apply (with modifications) or amend conferred (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 124(6)(7), 162(1) (with s. 159)