Immigration Act 2016

Valid from 25/11/2016

24 Appeals U.K.

(1) A respondent may appeal against—

(a) the making of an LME order under section 18;

(b) the making of, or refusal to make, an order under section 23.

(2) An appeal under subsection (1) is to be made—

(a) where the order was made or refused by a magistrates' court in England and Wales, to the Crown Court;

(b) where the order was made or refused by the sheriff, to the Sheriff Appeal Court;

(c) where the order was made or refused by a court of summary jurisdiction in Northern Ireland, to a county court.

(3) On an appeal under subsection (1) the court hearing the appeal may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just and reasonable.

(4) An LME order that has been varied by virtue of subsection (3) remains an order of the court that first made it for the purposes of section 23.

(5) A respondent may appeal against the making of an LME order under section 20 as if the order were a sentence passed on the respondent for the trigger offence.