Section 35A — Nationality, Immigration and Asylum Act 2002: Appeal

Appeal 35A 1 A person may appeal to the court against a penalty imposed on him under section 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, b the 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).