Special Immigration Appeals Commission (Procedure) Rules 2003

JurisdictionUK Non-devolved
CitationSI 2003/1034
Year2003

2003 No. 1034

IMMIGRATION

The Special Immigration Appeals Commission (Procedure) Rules 2003

Made 1st April 2003

Coming into force in accordance with rule 1

The Lord Chancellor, in exercise of the powers conferred by sections 5 and 8 of the Special Immigration Appeals Commission Act 19971and sections 24(3) and 27(5) of the Anti-terrorism, Crime and Security Act 20012, makes the following Rules a draft of which has, in accordance with sections 5(9) and 8(4) of the Special Immigration Appeals Commission Act 1997, been laid before and approved by resolution of each House of Parliament:

1 INTRODUCTION

PART 1

INTRODUCTION

S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Special Immigration Appeals Commission (Procedure) Rules 2003 and shall come into force forthwith.

S-2 Interpretation

Interpretation

2.—(1) In these Rules—

the 1997 Act” means the Special Immigration Appeals Commission Act 19973;

the 2001 Act” means the Anti-terrorism, Crime and Security Act 2001;

the 2002 Act” means the Nationality, Immigration and Asylum Act 20024;

“appellant” means a person appealing to the Commission, and in Part 7 is to be interpreted as additionally including—

(i) in relation to applications for permission to appeal or applications for bail, the applicant; and

(ii) in relation to reviews, the person certified;

“certification” means certification of a person by the Secretary of State under section 21(1) of the 2001 Act and, unless the context requires otherwise, “certified” and “certificate” are to be interpreted accordingly;

“chairman” means the chairman of the Commission;

“Commission” means the Special Immigration Appeals Commission;

“Immigration Acts” means the Acts referred to in section 158(1) of the 2002 Act;

“proceedings” means any appeal or application to, or review held by, the Commission;

“relevant law officer” has the meaning given by section 6(2) of the 1997 Act;

“review” means a review of certification by the Commission under section 26 of the 2001 Act;

“special advocate” means a person appointed under section 6(1) of the 1997 Act to represent the interests of a party to proceedings;

“United Kingdom Representative” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.

(2) In relation to an appeal to the Commission under section 2B of the 1997 Act5against a decision which was made by a person exercising the functions of the Secretary of State pursuant to section 43 of the British Nationality Act 19816, references in these Rules to the Secretary of State are to be read as if they referred to the person who made the decision.

S-3 Scope of these Rules

Scope of these Rules

3. These Rules apply to the following proceedings—

(a) appeals to the Commission;

(b) reviews;

(c) applications to the Commission for leave to appeal to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland; and

(d) applications to the Commission for bail.

S-4 General duty of Commission

General duty of Commission

4.—(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 the public interest.

(2) Where these Rules require information not to be disclosed contrary to the public interest, that requirement is to be interpreted 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 determine proceedings.

S-5 Delegated powers

Delegated powers

5.—(1) The powers of the Commission under the following provisions of these Rules 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 Act7

(a)

(a) rule 8(5) (extensions of time for appealing);

(b)

(b) rules 11(1) and 17(1) (applications for leave to vary grounds of appeal);

(c)

(c) rule 15(2) (applications for leave to appeal against certification);

(d)

(d) Part 5 (applications for leave to appeal to Court of Appeal, Court of Session or Court of Appeal in Northern Ireland);

(e)

(e) Part 6 (bail);

(f)

(f) rule 37(5) (applications for leave to amend or supplement material filed by Secretary of State);

(g)

(g) rule 39 (directions);

(h)

(h) rule 40(1) (orders upon failure to comply with directions);

(i)

(i) rule 45 (issue of witness summons); and

(j)

(j) rule 46 (orders that two or more proceedings be heard together).

(2) Anything of an administrative nature which is required or permitted to be done by the Commission under these Rules may be done by a member of the Commission’s staff.

2 APPEALS TO THE COMMISSION UNDER THE 1997 ACT

PART 2

APPEALS TO THE COMMISSION UNDER THE 1997 ACT

S-6 Scope of this Part

Scope of this Part

6. This Part applies to appeals to the Commission under section 2 or 2B of the 1997 Act8.

S-7 Starting an appeal

Starting an appeal

7.—(1) An appeal to the Commission under the 1997 Act must be made by giving notice of appeal in accordance with these Rules.

(2) Subject to paragraph (3), notice of appeal must be given by filing it with the Commission.

(3) A person who is in detention under the Immigration Acts or the 2001 Act may give notice of appeal either—

(a)

(a) in accordance with paragraph (2); or

(b)

(b) by serving it on the person having custody of him.

(4) When a person files a notice of appeal in accordance with paragraph (2), he must at the same time serve a copy of the notice and any accompanying documents on the Secretary of State.

(5) Where notice of appeal is given in accordance with paragraph (3)(b)—

(a)

(a) the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the Commission; and

(b)

(b) the Commission must serve a copy of the notice and any accompanying documents on the Secretary of State.

S-8 Time limit for appealing

Time limit for appealing

8.—(1) Subject to the following paragraphs of this rule, a notice of appeal to the Commission under the 1997 Act must be given—

(a)

(a) if the appellant is in detention under the Immigration Acts or the 2001 Act when he is served with notice of the decision against which he wishes to appeal, not later than 5 days after he is served with that notice;

(b)

(b) otherwise—

(i) if the appellant is in the United Kingdom, not later than 10 days; or

(ii) if the appellant is outside the United Kingdom, not later than 28 days,

after the appellant is served with notice of the decision against which he wishes to appeal.

(2) Where the appellant—

(a)

(a) is in the United Kingdom when he is served with notice of the decision against which he wishes to appeal; and

(b)

(b) may not appeal against the decision while in the United Kingdom by reason of section 2(5) of the 1997 Act9,

a notice of appeal against the decision must be given not later than 28 days after his departure from the United Kingdom.

(3) Paragraph (4) applies where—

(a)

(a) the appellant has given notice of appeal under Part 5 of the 2002 Act against a decision (“the previous appeal”); and

(b)

(b) the previous appeal has lapsed due to a certificate being issued under section 97 of the 2002 Act while the appeal was pending.

(4) Where this paragraph applies, a notice of appeal to the Commission against the decision which was the subject of the previous appeal must be given—

(a)

(a) if the appellant is in detention under the Immigration Acts or the 2001 Act when he is served with notice that the previous appeal has lapsed, not later than 5 days after he is served with that notice;

(b)

(b) otherwise—

(i) if the appellant is in the United Kingdom, not later than 10 days; or

(ii) if the appellant is outside the United Kingdom, not later than 28 days,

after the appellant is served with notice that the previous appeal has lapsed.

(5) The Commission may extend the time limits in this rule if satisfied that by reason of special circumstances it would be unjust not to do so.

S-9 Contents of notice of appeal

Contents of notice of appeal

9.—(1) The notice of appeal must set out the grounds for the appeal and give reasons in support of those grounds.

(2) The notice of appeal must state the name and address of—

(a)

(a) the appellant; and

(b)

(b) any representative of the appellant.

(3) The notice of appeal must be signed by the appellant or his representative, and dated.

(4) If the notice of appeal is signed by the appellant’s representative, the representative must certify in the notice of appeal that he has completed the notice of appeal in accordance with the appellant’s instructions.

(5) The appellant must attach to the notice of appeal a copy of the notice of decision against which he is appealing and any other document which was served on him containing reasons for that decision.

S-10 Secretary of State’s reply

Secretary of State’s reply

10.—(1) If the Secretary of State intends to oppose an appeal, he must as soon as reasonably practicable file with the Commission a statement of the evidence upon which he relies in opposition to the appeal.

(2) Unless the Secretary of State objects to the statement being disclosed to the appellant or his representative, he must serve a copy of the statement of evidence on the appellant at the same time as filing it.

(3) Where the Secretary of State objects to a statement filed under paragraph (1) being disclosed to the appellant or his representative, rules 37 and 38 shall apply.

S-11 Variation of grounds of appeal

Variation of grounds of appeal

11.—(1) Subject to section 85(2) of the 2002 Act10, the appellant may vary the grounds of appeal only with the leave of the Commission.

(2) The appellant must file any proposed variation of the grounds of appeal with the Commission and serve a copy on the Secretary of State.

S-12 Hearing of appeal

Hearing of appeal

12. Every...

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