Immigration and Asylum Act 1999

Commentary on Sections

Part IV: Appeals

Section 79: Appeals without merit: penalty on continuing an appeal without merit

225.This section allows the Immigration Appeal Tribunal to notify a party bringing an appeal before it that, in the opinion of the Tribunal, the appeal lacks merit and that a fixed financial penalty may be imposed if the appeal is pursued and fails. The Tribunal will be able to exercise this power at any time before it determines an appeal by a notification in such form as may be prescribed in rules. The power will be exercisable if, in the future, the requirement to apply for leave to appeal to the Tribunal in that category of appeal is removed. The power of the Lord Chancellor to determine the financial penalty, which it is intended will cover the Tribunal’s costs, will be exercisable through statutory instrument subject to annulment by either House of Parliament.