Special Immigration Appeals Commission Act 1997

1997 CHAPTER 68

An Act to establish the Special Immigration Appeals Commission; to make provision with respect to its jurisdiction; and for connected purposes.

[17th December 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act restricted (2.10.2000) by 1999 c. 33, s. 73(9); S.I. 2000/2444, art. 2, Sch. 1 (with arts. 3, 4)

Act amended (22.5.2000 for specified purposes and 2.10.2000 otherwise) by 1999 c. 33, s. 74; S.I. 2000/1282, art. 2, Sch.; S.I. 2000/2444, art. 2, Sch. 1 (with arts. 3, 4)

Act resticted (2.10.2000) by 1999 c. 33, s. 76(2)(3); S.I. 2000/2444, art. 2, Sch. 1 (with arts. 3, 4)

Act modified (14.12.2001) by 2001 c. 24, s. 24(3)

Act: power to apply (with modifications) conferred (1.4.2003) by 2002 c. 41, ss.109(2)(a), 162(1) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

C2 Act applied (with modifications) by S.I. 2000/2326, reg. 31(8) (as substituted (1.4.2003) by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), regs. 1, 2(8) (with reg. 3(1))

1 Establishment of the Commission. U.K.

(1) There shall be a commission, known as the Special Immigration Appeals Commission, for the purpose of exercising the jurisdiction conferred by this Act.

(2) Schedule 1 to this Act shall have effect in relation to the Commission.

[F1 (3) The Commission shall be a superior court of record.

(4) A decision of the Commission shall be questioned in legal proceedings only in accordance with—

(a) section 7, or

F2 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 1(3)(4) inserted (14.12.2001) by 2001 c. 24, s. 35

F2 S. 1(4)(b) and word repealed (14.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 16(2)(b)(3) (with s. 16(4))

[F3 2 Jurisdiction: appeals U.K.

(1) A person may appeal to the Special Immigration Appeals Commission against a decision if—

(a) he would be able to appeal against the decision under section 82(1) [F4 , 83(2) or 83A(2)] of the Nationality, Immigration and Asylum Act 2002 but for a certificate of the Secretary of State under section 97 of that Act (national security, &c.), or

(b) an appeal against the decision under section 82(1) [F4 , 83(2) or 83A(2)] of that Act lapsed under section 99 of that Act by virtue of a certificate of the Secretary of State under section 97 of that Act.

(2) The following provisions shall apply, with any necessary modifications, in relation to an appeal against an immigration decision under this section as they apply in relation to an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002—

(a) section 3C [F5 or 3D] of the Immigration Act 1971 (c. 77) [F6 continuation of leave],

(b) section 78 of the Nationality, Immigration and Asylum Act 2002 (no removal while appeal pending),

(c) section 79 of that Act (deportation order: appeal),

(d) section 82(3) of that Act (variation or revocation of leave to enter or remain: appeal),

(e) section 84 of that Act (grounds of appeal),

(f) section 85 of that Act (matters to be considered),

(g) section 86 of that Act (determination of appeal),

(h) section 87 of that Act (successful appeal: direction),

(i) section 96 of that Act (earlier right of appeal),

(j) section 104 of that Act (pending appeal),

(k) section 105 of that Act (notice of immigration decision), and

(l) section 110 of that Act (grants).

(3) The following provisions shall apply, with any necessary modifications, in relation to [F7 an appeal against a decision other than an immigration decision] under this section as they apply in relation to an appeal under section 83(2) [F8 or 83A(2)] of the Nationality, Immigration and Asylum Act 2002—

(a) section 85(4) of that Act (matters to be considered),

(b) section 86 of that Act (determination of appeal),

(c) section 87 of that Act (successful appeal: direction), and

(d) section 110 of that Act (grants).

(4) An appeal against the rejection of a claim for asylum under this section shall be treated as abandoned if the appellant leaves the United Kingdom.

(5) A person may bring or continue an appeal against an immigration decision under this section while he is in the United Kingdom only if he would be able to bring or continue the appeal while he was in the United Kingdom if it were an appeal under section 82(1) of that Act.

(6) In this section “immigration decision” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002.]

Textual Amendments

F3 S. 2 substituted (1.4.2003) by 2002 c. 41, ss. 114(3), 162(1), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5) (as amended (8.4.2003) by S.I. 2003/1040, art. 2)

F4 Words in s. 2(1)(a)(b) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 1 para. 14(a); S.I. 2006/2226, art. 3, Sch. 1

F5 Words in s. 2(2)(a) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 1 para. 14(b)(i); S.I. 2006/2226, art. 3, Sch. 1

F6 Words in s. 2(2)(a) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 1 para. 14(b)(ii); S.I. 2006/2226, art. 3, Sch. 1

F7 Words in s. 2(3) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 1 para. 14(c)(i); S.I. 2006/2226, art. 3, Sch. 1

F8 Words in s. 2(3) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 1 para. 14(c)(ii); S.I. 2006/2226, art. 3, Sch. 1

Modifications etc. (not altering text)

C3 S. 2 excluded (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 1, Sch. 2 para. 4(2)

C4 S. 2(5) excluded by 2002 c. 41, s. 97A(2)(c) (as substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(3), 61(2); S.I. 2013/1042, art. 4(c))

[F10 2A Jurisdiction: [F9 racial discrimination and]human rights. U.K.

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F9 Words in s. 2A sidenote inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 27 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F10 S. 2A inserted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 121; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 para. 5(2))

F11 S. 2A repealed (1.4.2003) by 2002 c. 41, ss. 114(3), 161, 162(1), Sch. 7 para. 21, Sch. 9 (with S. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

[F12 2B

A person may appeal to the Special Immigration Appeals Commission against a decision to make an order under section 40 of the British Nationality Act 1981 (c. 61) (deprivation of citizenship) if he is not entitled to appeal under section 40A(1) of that Act because of a certificate under section 40A(2) [F13 (and section 40A(3)(a) shall have effect in relation to appeals under this section).]]

Textual Amendments

F12 S. 2B inserted (1.4.2003) by 2002 c. 41, ss. 4(2), 162(1); (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

F13 Words in s. 2B inserted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 11; S.I. 2005/565, art. 2(d) (with arts. 3-9)

[F14 2C Jurisdiction: review of certain exclusion decisions U.K.

(1) Subsection (2) applies in relation to any direction about the exclusion of a non-EEA national from the United Kingdom which—

(a) is made by the Secretary of State wholly or partly on the ground that the exclusion from the United Kingdom of the non-EEA national is conducive to the public good,

(b) is not subject to a right of appeal, and

(c) is certified by the Secretary of State as a direction that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—

(i) in the interests of national security,

(ii) in the interests of the relationship between the United Kingdom and another country, or

(iii) otherwise in the public interest.

(2) The non-EEA national to whom the direction relates may apply to the Special Immigration Appeals Commission to set aside the direction.

(3) In determining whether the direction should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.

(4) If the Commission decides that the direction should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.

(5) In this section—

• “non-EEA national” means any person who is not a national of an EEA state,

and references in this section to the Secretary of State are to the Secretary of State acting in person.

Textual Amendments

F14 Ss. 2C, 2D inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 15, 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)

2D Jurisdiction: review of certain naturalisation and citizenship decisions U.K.

(1) Subsection (2) applies in relation to any decision of the Secretary of State which—

(a) is either—

(i) a refusal to issue a certificate of naturalisation under section 6 of the British Nationality Act 1981 to an applicant under that section, or

(ii) a refusal to grant an application of the kind mentioned in section 41A of that Act (applications to register an adult or young person as a British citizen etc.), and

(b) is certified by the Secretary of State as a decision that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—

(i) in the interests of national security,

(ii) in the interests of the relationship between the United Kingdom and another country, or

(iii) otherwise in the public interest.

(2) The applicant to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.

(3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.

(4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.]

Textual Amendments

F14 Ss. 2C, 2D inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 15, 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)

3 Jurisdiction: bail. U.K.

(1) In the case of a person to whom subsection (2) below applies, the provisions of Schedule 2 to the Immigration Act 1971 specified in Schedule 3 to this Act shall have effect with the modifications set out there.

(2) This subsection applies to a person who is detained under the Immigration Act 1971 [F15 or the Nationality, Immigration and Asylum Act 2002] if—

(a) the Secretary of State certifies that his detention is necessary in the interests of national security,

(b) he is detained following a decision to refuse him leave to enter the United Kingdom on the ground that his exclusion is in the interests of national security, or

(c) he is detained following a decision to make a deportation order against him on the ground that his deportation is in the interests of national security.

Textual Amendments

F15 Words in s. 3(2) inserted (4.4.2003) by The Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016), art. 2(2), Sch. para. 10

4 Determination of appeals. U.K.

F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 S. 4 repealed (1.4.2003) by 2002 c. 41, ss. 114(3), 161, 162(1), Sch. 7 para. 22, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

5 Procedure in relation to jurisdiction under sections 2 and 3. U.K.

(1) The Lord Chancellor may make rules—

(a) for regulating the exercise of the rights of appeal conferred by section 2 [F17 or 2B]... above,

(b) for prescribing the practice and procedure to be followed on or in connection with appeals under that section [F18 section 2 [F17 or 2B]... above], including the mode and burden of proof and admissibility of evidence on such appeals, and

(c) for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of the Special Immigration Appeals Commission.

(2) Rules under this section shall provide that an appellant has the right to be legally represented in any proceedings before the Commission on an appeal under section 2 [F17 or 2B]... above, subject to any power conferred on the Commission by such rules.

[F19 (2A) Rules under this section may, in particular, do anything which may be done by [F20 Tribunal Procedure Rules].]

(3) Rules under this section may, in particular—

(a) make provision enabling proceedings before the Commission to take place without the appellant being given full particulars of the reasons for the decision which is the subject of the appeal,

(b) make provision enabling the Commission to hold proceedings in the absence of any person, including the appellant and any legal representative appointed by him,

(c) make provision about the functions in proceedings before the Commission of persons appointed under section 6 below, and

(d) make provision enabling the Commission to give the appellant a summary of any evidence taken in his absence.

(4) Rules under this section may also include provision—

(a) enabling any functions of the Commission which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to the M1 Immigration Act 1971, to be performed by a single member of the Commission, or

(b) conferring on the Commission such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.

(5) The power to make rules under this section shall include power to make rules with respect to applications to the Commission under paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971 and matters arising out of such applications.

(6) In making rules under this section, the Lord Chancellor shall have regard, in particular, to—

(a) the need to secure that decisions which are the subject of appeals are properly reviewed, and

(b) the need to secure that information is not disclosed contrary to the public interest.

F21 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The power to make rules under this section shall be exercisable by statutory instrument.

(9) No rules shall be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

F17 Words in s. 5(1)(a)(b)(2) inserted (1.4.2003) by 2002 c. 41, ss. 4(3), 162(1), (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

F18 Words in s. 5(1)(b) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 28(b) (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F19 S. 5(2A) inserted (1.4.2003) by 2002 c. 41, ss. 114(3), 162(1), Sch. 7 para. 23(b) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

F20 Words in s. 5(2A) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 15 (with Sch. 4)

F21 S. 5(7) repealed (2.10.2000) by 2000 c. 23, s. 82, Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 3

Modifications etc. (not altering text)

C5 S. 5 modified (14.12.2001) by 2001 c. 24, s. 27(5)

C6 Ss. 5, 6 applied by 2002 c. 41, s. 97A(2K) (as inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c))

C7 S. 5(1) amended (22.5.2000 for specified purposes and otherwise 2.10.2000) by 1999 c. 33, s. 74(3)(a); S.I. 2000/1282, art. 2, Sch.; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

Marginal Citations

M1 1971 c. 77.

6 Appointment of person to represent the appellant’s interests. U.K.

(1) The relevant law officer may appoint a person to represent the interests of an appellant in any proceedings before the Special Immigration Appeals Commission from which the appellant and any legal representative of his are excluded.

(2) For the purposes of subsection (1) above, the relevant law officer is—

(a) in relation to proceedings before the Commission in England and Wales, the Attorney General,

(b) in relation to proceedings before the Commission in Scotland, the Lord Advocate, and

(c) in relation to proceedings before the Commission in Northern Ireland, the [F22 Advocate General for Northern Ireland].

(3) A person appointed under subsection (1) above—

(a) if appointed for the purposes of proceedings in England and Wales, shall have a general qualification for the purposes of section 71 of the M2 Courts and Legal Services Act 1990,

(b) if appointed for the purposes of proceedings in Scotland, shall be—

(i) an advocate, or

(ii) a solicitor who has by virtue of section 25A of the M3 Solicitors (Scotland) Act 1980 rights of audience in the Court of Session and the High Court of Justiciary, and

(c) if appointed for the purposes of proceedings in Northern Ireland, shall be a member of the Bar of Northern Ireland.

(4) A person appointed under subsection (1) above shall not be responsible to the person whose interests he is appointed to represent.

Textual Amendments

F22 Words in s. 6(2)(c) substituted (12.4.2010 being the date that 2002 c. 26, s. 27 comes into force, see S.I. 2010/113, art. 2, Sch. para. 7) by Counter-Terrorism Act 2008 (c. 28), s. 91(2)(3) (with s. 101(2))

Modifications etc. (not altering text)

C6 Ss. 5, 6 applied by 2002 c. 41, s. 97A(2K) (as inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c))

C8 S. 6: functions transferred (6.5.1999) by S.I. 1999/901, art. 5, Sch. (with arts. 8, 9)

S. 6 applied (14.12.2001) by 2001 c. 24, s. 27(1)(a)

Marginal Citations

M2 1990 c. 41.

M3 1980 c. 46.

[F23 6A Procedure in relation to jurisdiction under sections 2C and 2D U.K.

(1) Sections 5 and 6 apply in relation to reviews under section 2C or 2D as they apply in relation to appeals under section 2 or 2B.

(2) Accordingly—

(a) references to appeals are to be read as references to reviews (and references to appeals under section 2 or 2B are to be read as references to reviews under section 2C or 2D), and

(b) references to an appellant are to be read as references to an applicant under section 2C(2) or (as the case may be) 2D(2).]

Textual Amendments

F23 S. 6A inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 9(2); S.I. 2013/1482, art. 2 (with arts. 3, 4)

7 Appeals from the Commission. U.K.

(1) Where the Special Immigration Appeals Commission has made a final determination of an appeal, any party to the appeal may bring a further appeal to the appropriate appeal court on any question of law material to that determination.

[F24 (1A) Where the Commission has made a final determination of a review under section 2C or 2D, any party to the review may bring an appeal against that determination to the appropriate appeal court.]

(2) An appeal under this section may be brought only with the leave of the Commission or, if such leave is refused, with the leave of the appropriate appeal court.

(3) In this section “the appropriate appeal court” means—

(a) in relation to a determination made by the Commission in England and Wales, the Court of Appeal,

(b) in relation to a determination made by the Commission in Scotland, the Court of Session, and

(c) in relation to a determination made by the Commission in Northern Ireland, the Court of Appeal in Northern Ireland.

F25 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 S. 7(1A) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 9(3); S.I. 2013/1482, art. 2 (with arts. 3, 4)

F25 S. 7(4) repealed (2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 118, 123, Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

Modifications etc. (not altering text)

C9 S. 7 applied (14.12.2001) by 2001 c. 24, s. 27(1)(b)

C10 S. 7(2)(3) applied by 2001 c. 24, s. 24(5) (as added (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 32(1), 48(2))

[F26 7A Pending appeals. U.K.

F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F26 S. 7A inserted (2.10.2000) by 1999 c. 33, s.169(1), Sch. 14 paras. 118, 124; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F27 S. 7A repealed (1.4.2003) by 2002 c. 41, ss. 114(3), 161, 162(1), Sch. 7 para. 24, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

8 Procedure on applications to the Commission for leave to appeal. U.K.

(1) The Lord Chancellor may make rules regulating, and prescribing the procedure to be followed on, applications to the Special Immigration Appeals Commission for leave to appeal under section 7 above.

(2) Rules under this section may include provision enabling an application for leave to appeal to be heard by a single member of the Commission.

(3) The power to make rules under this section shall be exercisable by statutory instrument.

(4) No rules shall be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament.

Modifications etc. (not altering text)

C11 S. 8 modified (14.12.2001) by 2001 c. 24, s. 27(5)

9 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Special Immigration Appeals Commission Act 1997.

(2) This Act, except for this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.

(3) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

(4) This Act extends to Northern Ireland.

Subordinate Legislation Made

P1 S. 9(2) power partly exercised (26.5.1998): 11.6.1998 appointed for ss. 5 and 8 by S.I. 1998/1336, art. 2

S. 9(2) power fully exercised (31.7.1998): 3.8.1998 appointed for the provisions of the Act not already in force by S.I. 1998/1892, art. 2

SCHEDULES

Section 1.

SCHEDULE 1 U.K. The Commission

Members U.K.

1 (1) The Special Immigration Appeals Commission shall consist of such number of members appointed by the Lord Chancellor as he may determine. U.K.

(2) A member of the Commission shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(3) A member of the Commission may resign his office at any time by notice in writing to the Lord Chancellor.

Chairman U.K.

2 U.K. The Lord Chancellor shall appoint one of the members of the Commission to be its chairman.

Payments to members U.K.

3 (1) The Lord Chancellor may pay to the members of the Commission such remuneration and allowances as he may determine. U.K.

(2) The Lord Chancellor may, if he thinks fit in the case of any member of the Commission pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.

(3) If a person ceases to be a member of the Commission and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.

Proceedings U.K.

4 U.K. The Commission shall sit at such times and in such places as the Lord Chancellor may direct and may sit in two or more divisions.

5 U.K. The Commission shall be deemed to be duly constituted if it consists of three members of whom—

(a) at least one holds or has held high judicial office (within the meaning of [F28 Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council], and

[F29 (b) at least one is or has been [F30 a judge of the First-tier Tribunal, or of the Upper Tribunal, who is assigned to a chamber with responsibility for immigration and asylum matters].]

Textual Amendments

F28 Words in Sch. 1 para. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 17 para. 28; S.I. 2009/1604, art. 2(e)

F29 Sch. 1 para. 5(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 12; S.I. 2005/565, art. 2(d) (with arts. 3-9)

F30 Words in Sch. 1 para. 5(b) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 16 (with Sch. 4)

6 U.K. The chairman or, in his absence, such other member of the Commission as he may nominate, shall preside at sittings of the Commission and report its decisions.

Staff U.K.

7 U.K. The Lord Chancellor may appoint such officers and servants for the Commission as he thinks fit.

Expenses U.K.

8 U.K. The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 7 above and such expenses of the Commission as he thinks fit.

F31 F31 SCHEDULE 2 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 2 repealed (1.4.2003) by 2002 c. 41, ss. 114(3), 161, 162(1), Sch. 7 para. 26, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5)

Section 3.

SCHEDULE 3 U.K. Bail: Modifications of Schedule 2 to the Immigration Act 1971

1 (1) Paragraph 22 shall be amended as follows. U.K.

(2) In sub-paragraph (1A), for the words from the beginning to [F56 "Tribunal"] there shall be substituted “ The Special Immigration Appeals Commission ”.

(3) In sub-paragraph (2)—

(a) for the words “immigration officer or [F57 the First-tier Tribunal]" there shall be substituted “ Special Immigration Appeals Commission ”, and

(b) for the words “officer or [F57 the First-tier Tribunal]" there shall be substituted “ Commission ”.

(4) In sub-paragraph (3)—

(a) for “an immigration officer or [F58 the First-tier Tribunal]" there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for “officer or [F58 the First-tier Tribunal]", in both places, there shall be substituted “ Commission ”.

Textual Amendments

F56 Words in Sch. 3 para. 1(2) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(2); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F57 Words in Sch. 3 para. 1(3)(a)(b) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 17 (with Sch. 4)

F58 Words in Sch. 3 para. 1(4)(a)(b) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 17 (with Sch. 4)

2 (1) Paragraph 23 shall be amended as follows. U.K.

(2) In sub-paragraph (1)—

(a) for “[F59 the First-tier Tribunal] " there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for “[F59 the First-tier Tribunal]", in each place, there shall be substituted “ the Commission ”.

(3) In sub-paragraph (2)—

(a) for “[F60 the First-tier Tribunal]" there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for “[F60 the First-tier Tribunal]" there shall be substituted “ the Commission ”.

Textual Amendments

F59 Words in Sch. 3 para. 2(2)(a)(b) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 17 (with Sch. 4)

F60 Words in Sch. 3 para. 2(3)(a)(b) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 17 (with Sch. 4)

3 (1) Paragraph 24 shall be amended as follows. U.K.

(2) For sub-paragraph (2), there shall be substituted—

“(2) A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.”

(3) In sub-paragraph (3), for the words from the beginning to “above" there shall be substituted “ Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission— ”.

4 (1) Paragraph 29 shall be amended as follows. U.K.

(2) For sub-paragraphs (2) to (4) there shall be substituted—

“(2) The Special Immigration Appeals Commission may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the Commission at a time and place named in the recognizance or bail bond.”

(3) For sub-paragraph (6) there shall be substituted—

“(6) In any case in which the Special Immigration Appeals Commission has power to release an appellant on bail, the Commission may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the Commission; and on the recognizance or bail bond being so taken the appellant shall be released.”

5 U.K. Paragraph 30(2) shall be omitted.

6 (1) Paragraph 31 shall be amended as follows. U.K.

(2) In sub-paragraph (1)—

(a) for [F61 “the Tribunal"] there shall be substituted “ the Special Immigration Appeals Commission ”,

(b) for [F62 “the Tribunal"] there shall be substituted “ the Commission ”, and

(c) for [F63 “the Tribunal"], in both places, there shall be substituted “ the Commission ”.

(3) In sub-paragraph (3)—

(a) for [F64 “the Tribunal"] there shall be substituted “ the Special Immigration Appeals Commission ”, and

(b) for [F65 “the Tribunal"] there shall be substituted “ it ”.

Textual Amendments

F61 Words in Sch. 3 para. 6(2)(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(10); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F62 Words in Sch. 3 para. 6(2)(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(11); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F63 Words in Sch. 3 para. 6(2)(c) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(12); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F64 Words in Sch. 3 para. 6(3)(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(13); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F65 Words in Sch. 3 para. 6(3)(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(14); S.I. 2005/565, art. 2(d) (with arts. 3-9)

7 U.K. Paragraph 32 shall be amended as follows—

(a) for [F66 “the Tribunal"] there shall be substituted “ the Special Immigration Appeals Commission ”,

(b) for [F67 “the Tribunal"] there shall be substituted “ the Commission ”, and

(c) for [F68 “the Tribunal"] there shall be substituted “ the Commission ”.

Textual Amendments

F66 Words in Sch. 3 para. 7(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(15); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F67 Words in Sch. 3 para. 7(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(16); S.I. 2005/565, art. 2(d) (with arts. 3-9)

F68 Words in Sch. 3 para. 7(c) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 48(3), Sch. 2 para. 13(17); S.I. 2005/565, art. 2(d) (with arts. 3-9)

8 (1) Paragraph 33 shall be amended as follows. U.K.

(2) For sub-paragraph (2), there shall be substituted—

“(2) A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.”

(3) In sub-paragraph (3), for the words from the beginning to “above" there shall be substituted “ Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission— ”.