Immigration and Asylum Act 1999

Appeals without merit

79 Penalty on continuing an appeal without merit

(1) If, at any time before it determines an appeal, the Immigration Appeal Tribunal considers that the appeal has no merit it may notify the appellant of its opinion.

(2) A notice under subsection (1) must—

(a) include an explanation of the Tribunal’s powers under this section; and

(b) be made in such form as may be required by rules made under paragraph 3 of Schedule 4.

(3) Subsection (1) does not apply if leave for appeal to the Tribunal was required.

(4) Subsection (5) applies if an appeal which has been continued by the appellant after he has been given a notice under subsection (1) is dismissed.

(5) The Tribunal may impose on the appellant, or on his representative, a penalty of the specified amount.

(6) “Specified” means specified by an order made by the Lord Chancellor.

(7) The Lord Chancellor may by order make such provision as he considers appropriate as to—

(a) the enforcement in England and Wales and Northern Ireland, and

(b) the payment and application,

of penalties imposed under this section.

(8) Such an order may, in particular, make provision similar to that made by sections 129 and 130 of the [1984 c. 28.] County Courts Act 1984.

(9) An order imposing a penalty under subsection (5) may be enforced in Scotland as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.