The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018

Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

7.  After rule 27 insert—

“Application for a certificate under section 7B

27A.— (1) An application for a certificate under section 7B of the 1997 Act must be made by filing with the Commission an application in writing.

(2) Subject to paragraph (3), the applicant must file any application for a certificate with the Commission not later than 14 days after being served with the Commission’s determination under rule 47(3).

(3) The Commission may accept an application filed after the expiry of the relevant period in paragraph (2) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.

(4) The application must—

(a) state the grounds on which the applicant believes the conditions in subsection (4) or (5) of section 7B of the 1997 Act are met; and

(b) be signed by the applicant or their representative, and dated.

(5) The applicant must serve a copy of the application notice on every other party.

(6) When an applicant files the application for a certificate with the Commission, the applicant must on the same day also file with the Commission an application for leave to appeal under rule 27.

(7) On receipt of an application for a certificate the Commission must first decide that application before deciding the application for leave to appeal.

(8) The Commission may decide an application for a certificate without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.”