Anti-terrorism, Crime and Security Act 2001

Anti-terrorism, Crime and Security Act 2001

2001 CHAPTER 24

Commentary on Sections

Part 4: Immigration and Asylum

Suspected international terrorists

Section 27 Appeal and review: supplementary

87. Section 27 makes various supplementary provisions relating to the appeal and review. In particular, it provides that an appeal to the Court of Appeal (or its equivalents in Scotland and Northern Ireland) may be made on a point of law against a decision by SIAC in respect of an appeal or review of the certificate. It also provides that the Secretary of State is not prevented from issuing another certificate after the original one has been cancelled (for example, if new circumstances or new evidence justify such action).

88. As an appeal on the certificate may raise similar issues to those raised in the substantive appeal (that is, the appeal against any of the actions listed in section 22 which have been taken against the individual concerned), subsections (7) and (8) provide that SIAC should make every effort to hear those two appeals together, and to avoid or minimise delay resulting from this.