Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000

JurisdictionUK Non-devolved
CitationSI 2000/1849

2000 No. 1849

IMMIGRATION

The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000

Made 14th July 2000

Coming into force 2nd October 2000

The Lord Chancellor, in exercise of the powers conferred by section 5 of the Special Immigration Appeals Commission Act 19971, makes the following Rules of which a draft has, in accordance with section 5(9), been laid before and approved by resolution of each House of Parliament:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000 and shall come into force on 2nd October 2000.

(2) In these Rules, “the 1998 Rules” means the Special Immigration Appeals Commission (Procedure) Rules 19982.

Amendment of the 1998 Rules

Amendment of the 1998 Rules

S-2 In the Arrangement of Rules of the 1998 Rules , after the...

2. In the Arrangement of Rules of the 1998 Rules, after the entry relating to rule 9 “Notice of appeal”, there shall be inserted the following entry “9A Additional grounds for appealing”.

S-3 In rule 2 of the 1998 Rules (Interpretation), after the entry...

3. In rule 2 of the 1998 Rules (Interpretation), after the entry relating to the 1997 Act, there shall be inserted the following entry—

““the 1999 Act” means the Immigration and Asylum Act 19993;”.

S-4 In rule 5(1)(b) of the 1998 Rules (Notices etc. ), for the...

4. In rule 5(1)(b) of the 1998 Rules (Notices etc.), for the words “the Appeal Support Section of the Asylum Directorate of the Home Office” there shall be substituted the words “an address or fax number specified by him”.

S-5 For rule 6 of the 1998 Rules (Application of Part II), there...

5. For rule 6 of the 1998 Rules (Application of Part II), there shall be substituted the following rule—

S-6

Application of Part II

6.—(1) Subject to paragraph (2), this Part applies to appeals brought under section 2 of the 1997 Act and to appeals transferred to the Commission under subsection (3) or (5) of section 78 of the 1999 Act where an appeal has been or may be made under section 2(1) of the 1997 Act.

(2) The provisions of this Part shall not—

(a)

(a) prejudice steps already taken in respect of an appeal transferred under either of those subsections, or

(b)

(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.”.

S-6 Rule 7 of the 1998 Rules (The special advocate) shall be...

6.—(1) Rule 7 of the 1998 Rules (The special advocate) shall be amended as follows.

(2) In paragraph (1), the words “a copy of” shall be omitted.

S-7 For rule 8 of the 1998 Rules (Time limit for appealing),...

7. For rule 8 of the 1998 Rules (Time limit for appealing), there shall be substituted the following rule—

S-8

Time limit for appealing

8.—(1) The appellant shall give notice of an appeal no later than—

(a)

(a) 5 days after receiving the notice of the decision being appealed against, where the appellant appeals in the United Kingdom; or

(b)

(b) 28 days after receiving the notice of the decision being appealed against, where the appellant appeals from outside the United Kingdom.

(2) The period specified in paragraph (1) shall begin from the end of the day on which the notice of the decision being appealed against was received.

(3) Where the period specified under paragraph (1) expires on an excluded day, the notice of appeal shall be taken to have been served as required if served on the next day that is not an excluded day.

(4) Where the period specified under paragraph (1)(a) includes an excluded day, that day shall be discounted.

(5) The notice of appeal shall be taken to have been served as required on the day on which it is received at the address or fax number specified in the notice of the decision against which the appeal is made.

(6) “Excluded day” means a Saturday, a Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday.

(7) “Bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 19714.”.

S-8 For rule 9 of the 1998 Rules (Notice of appeal), there shall...

8. For rule 9 of the 1998 Rules (Notice of appeal), there shall be substituted the following rule—

S-9

Notice of appeal

9.—(1) An appeal to the Commission shall be made by sending to the Secretary of State a notice of appeal by hand, by fax or by post to the address or fax number specified in the document which informed him of the decision against which...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT