Section 40B — Nationality, Immigration and Asylum Act 2002: Appeal

Appeal 40B 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).