Special Immigration Appeals Commission (Procedure) Rules 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1881 |
| Year | 1998 |
1998 No. 1881
IMMIGRATION
The Special Immigration Appeals Commission (Procedure) Rules 1998
Made 30th July 1998
Coming into force 31th July 1998
The Lord Chancellor, in exercise of the powers conferred by sections 5 and 8 of the Special Immigration Appeals Commission Act 19971, makes the following Rules of which a draft has, in accordance with sections 5(9) and 8(4), been laid before and approved by resolution of each House of Parliament:—
PART I
GENERAL PROVISIONS
Citation and commencement
1. These Rules may be cited as the Special Immigration Appeals Commission (Procedure) Rules 1998 and shall come into force on the day after the day on which they are made.
Interpretation
2. In these Rules—
“the 1971 Act” means the Immigration Act 19712;
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997;
“the chairman” means the chairman of the Commission;
“the Commission” means the Special Immigration Appeals Commission; and
“the special advocate” means a person appointed under section 6(1) of the 1997 Act to represent the interests of the appellant.
General duty of Commission
3.—(1) When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm a public interest.
(2) Where the Rules require information not to be disclosed contrary to the public interest, the requirement shall be construed in accordance with paragraph (1).
(3) Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to review decisions.
Delegated powers
4.—(1) The powers of the Commission under the following provisions may be exercised by the chairman or by any other member of the Commission who falls within paragraph 5(a) or (b) of Schedule 1 to the 1997 Act:—
(a)
(a) rule 12(1) and (3) (amendment and supplementary grounds);
(b)
(b) rule 13 (directions);
(c)
(c) rule 25 (application for leave to appeal);
(d)
(d) rules 26 and 27 (bail proceedings).
(2) Instead of exercising a power under paragraph (1), the chairman or member may remit the matter to be dealt with by the Commission.
(3) Where the chairman or member exercises any power of the Commission, references to the Commission in the Rules shall as appropriate include references to him.
Notices etc.
5.—(1) Any document required or authorised to be given or sent to—
(a)
(a) the Commission, shall be directed to the Secretary to the Commission;
(b)
(b) the Secretary of State, shall be directed to the Appeal Support Section of the Asylum Directorate of the Home Office.
(2) The appellant must inform the Commission if an address given under rule 9(3) changes.
PART II
APPEALS
Application of Part II
6. This Part applies to appeals brought under section 2 of the 1997 Act and appeals mentioned at paragraph 5 of Schedule 2 to that Act, but the provisions of this Part shall not—
(a) prejudice steps already taken in respect of an appeal mentioned at paragraph 5 of that Schedule, or
(b) require any step to be taken under these Rules which is equivalent to a step which has already been taken in respect of such an appeal.
The special advocate
7.—(1) On receiving a copy of the notice of appeal, the Secretary of State shall inform the relevant law officer of the proceedings before the Commission, with a view to the law officer, if he thinks fit to do so, appointing a special advocate to represent the interests of the appellant in the proceedings.
(2) Paragraph (1) applies unless—
(a)
(a) the Secretary of State does not intend to oppose the appeal, or
(b)
(b) he does not intend to object to the disclosure of material to the appellant.
(3) If at any stage in proceedings before the Commission, paragraph (2)(b) ceases to apply, the Secretary of State shall immediately notify the relevant law officer as in paragraph (1).
(4) The function of the special advocate is to represent the interests of the appellant by—
(a)
(a) making submissions to the Commission in any proceedings from which the appellant and his representative are excluded;
(b)
(b) cross-examining witnesses at any such proceedings; and
(c)
(c) making written submissions to the Commission.
(5) Except in accordance with paragraphs (6) to (9), the special advocate may not communicate directly or indirectly with the appellant or his representative on any matter connected with proceedings before the Commission.
(6) The special advocate may communicate with the appellant and his representative at any time before the Secretary of State makes material available to him under rule 10(3).
(7) At any time after the Secretary of State has made material available under rule 10(3), the special advocate may seek directions from the Commission authorising him to seek information in connection with the proceedings from the appellant or his representative.
(8) The Commission shall notify the Secretary of State of a request for directions under paragraph (7) and the Secretary of State must, within a period specified by the Commission, give the Commission notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
(9) Where the Secretary of State makes an objection under paragraph (8), rule 11 shall apply as appropriate.
Time limit for appealing
8. The appellant must give notice of an appeal no later than—
(a) 7 days after receiving notice of the decision being appealed in a case where an appellant in the United Kingdom appeals under section 2(1)(g) of the 1997 Act (claim for asylum);
(b) 14 days after receiving notice of the decision being appealed in a case where an appellant in the United Kingdom appeals otherwise than under section 2(1)(g) of the 1997 Act;
(c) 42 days after receiving notice of the decision being appealed where an appellant appeals from outside the United Kingdom.
Notice of appeal
9.—(1) An appeal to the Commission is made by sending to the Commission a notice of appeal.
(2) The notice of appeal must set out the grounds for the appeal.
(3) The notice of appeal must state the name and address of the appellant and the name and address of any representative of the appellant.
(4) The appellant or his representative must sign the notice of appeal.
(5) The appellant must attach to the notice of appeal a copy of the document which informed him of the decision being appealed.
(6) As soon as practicable after it receives a notice of appeal, the Commission shall send a copy to—
(a)
(a) the Secretary of State, and
(b)
(b) where the decision being appealed is a decision to refuse asylum, the United Kingdom Representative of the United Nations High Commissioner for Refugees.
Secretary of State’s reply
10.—(1) If the Secretary of State intends to oppose the appeal, he must, no later than 42 days after receiving a copy of the notice of appeal,—
(a)
(a) provide the Commission with a summary of the facts relating to the decision being appealed and the reasons for the decision;
(b)
(b) inform the Commission of the grounds on which he opposes the appeal; and
(c)
(c) provide the Commission with a statement of the evidence which he relies upon in support of those grounds.
(2) Where the Secretary of State objects to material referred to in paragraph (1) being disclosed to the appellant or his representative, he must also—
(a)
(a) state the reasons for his objection; and
(b)
(b) if and to the extent it is possible to do so without disclosing information contrary to the public interest, provide a statement of that material in a form which can be shown to the appellant.
(3) Where he makes an objection under paragraph (2), the Secretary of State must make available to the special advocate, as soon as it is practicable to do so, the material which he has provided to the Commission under paragraphs (1) and (2).
Consideration of Secretary of State’s objection
11.—(1) Proceedings under this rule shall take place in the absence of the appellant and his representative.
(2) The Commission shall decide whether to uphold the Secretary of State’s objection.
(3) Before doing so, it must invite the special advocate to make written representations.
(4) After considering representations made under paragraph (3), the Commission may—
(a)
(a) invite the special advocate to make oral representations; or
(b)
(b) uphold the Secretary of State’s objection without requiring further representations from the special advocate.
(5) Where the Commission is minded to overrule the Secretary of State’s objection, or to require him to provide material in a different form from that in which he has provided it under rule 10(2)(b), the Commission must invite the Secretary of State and the special advocate to make oral representations.
(6) Where—
(a)
(a) the Commission overrules the Secretary of State’s objection or requires him to provide material in a different form from that which he has provided under rule 10(2)(b), and
(b)
(b) the Secretary of State wishes to continue to oppose the appeal,
he shall not be required to disclose any material which was the subject of his unsuccessful objection if he chooses not to rely upon it in opposing the appeal.
Amendment and supplementary grounds
12.—(1) With the leave of the Commission, the appellant may amend his notice of appeal or deliver supplementary grounds of appeal.
(2) Rule 9(6) applies to an amended notice of appeal and to supplementary grounds of appeal provided under paragraph (1).
(3) With the leave of the...
To continue reading
Request your trial