SCHEDULES

SCHEDULE 1 The Commission

Section 1.

Members

1

1

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

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

2

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

Payments to members

3

1

The Lord Chancellor may pay to the members of the Commission such remuneration and allowances as he may determine.

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

4

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

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 F27Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council, and

F26b

at least one is or has been F28a judge of the First-tier Tribunal, or of the Upper Tribunal, who is assigned to a chamber with responsibility for immigration and asylum matters.

6

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

7

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

Expenses

8

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

F1F1 SCHEDULE 2

Annotations:
Amendments (Textual)

F3 Stay on directions for removal

Annotations:
Amendments (Textual)
F3

Sch. 2 para. 1 and crossheading substituted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 126; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F21

If a person in the United Kingdom appeals under section 2(1) above on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given so long as the appeal is pending.

Deportation order not to be made while appeal pending

F42

If a person in the United Kingdom appeals under section 2(1) above against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, have no effect while the appeal is pending.

Stay of removal directions pending appeal and bail

F53

But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 2(1) above as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.

F63A

In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded.

F73B

If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone’s removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.

F17 Suspension of variation of limited leave

Annotations:
Amendments (Textual)
F17

Sch. 2 paras. 3-3G substituted for Sch. 2 para. 3 (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 126; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F183C

A variation is not to take effect while an appeal is pending under section 2(1) above against the variation.

F19 Continuation of leave

Annotations:
Amendments (Textual)
F19

Sch. 2 paras. 3-3G substituted for Sch. 2 para. 3 (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 126; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F203D

1

While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue to have effect.

2

A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1).

3

For the purposes of section 2(1), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded.

F21 Deportation orders

Annotations:
Amendments (Textual)
F21

Sch. 2 paras. 3-3G substituted for Sch. 2 para. 3 (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 126; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F223E

A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending.

F233F

In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal under section 2(1) above against the decision to make the order is pending.

F24 Appeals under section 2A

Annotations:
Amendments (Textual)
F24

Sch. 2 paras. 3-3G substituted for Sch. 2 para. 3 (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 126; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F253G

1

A person is not to be required to leave, or be removed from, the United Kingdom if an appeal under section 2A is pending against the decision on which that requirement or removal would otherwise be based.

2

That does not prevent—

a

directions for his removal being given during that period;

b

a deportation order being made against him during that period.

3

But no such direction or order is to have effect during that period.

Construction of references to pending appeal

4

For the purposes of F8this Schedule, an appeal under section 2 F9or 2A above shall be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn; and an appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 7 above, nor, if such an appeal is duly brought, until it is determined or withdrawn.

Appeals involving asylum

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 Notice of appealable decision and statement of appeal rights etc.

Annotations:
Amendments (Textual)
F13

Sch. 2 para. 6 and crossheading substituted (1.8.2000 for specified purposes and otherwise 2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 129; S.I. 2000/1985, art. 2, Sch. 1; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F116

Paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 F12and 2A of this Act were contained in Part IV of that Act.

F16 Financial support for organisations helping persons with rights of appeal

Annotations:
Amendments (Textual)
F16

Sch. 2 para. 7 and crossheading substituted (1.8.2000 for specified puposes and otherwise 2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 129; S.I. 2000/1985, art. 2, Sch. 1; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

F147

Section 81 of the Immigration and Asylum Act 1999 shall have effect as if section 2 F15and 2A above were contained in Part IV of that Act.

F29SCHEDULE 3Bail: Modifications of Schedule 10 to the Immigration Act 2016

Section 3.

Annotations:
Amendments (Textual)
F29

Sch. 3 substituted (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. paras. 1, 2)

1

Paragraph 1(3) (power to grant bail) has effect as if—

a

for “The First-tier Tribunal” there were substituted “ The Special Immigration Appeals Commission ”, and

b

for “the Tribunal” there were substituted “ the Commission ”.

2

Paragraph 2 (conditions of immigration bail) has effect as if—

a

in sub-paragraphs (1)(a), (7) and (8) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

b

in sub-paragraph (7) for “the Tribunal” there were substituted “ the Commission ”.

3

Paragraph 3 (exercise of power to grant immigration bail) has effect as if—

a

in sub-paragraphs (1), (2)(f), (3), (4), (5) and (6) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

b

in sub-paragraph (5) for “the Tribunal” there were substituted “ the Commission ”.

4

Paragraph 4(2)(d) (arrangements under electronic monitoring condition) has effect as if for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”.

5

Paragraph 5(5) (payment of sum under financial condition) has effect as if for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”.

6

Paragraph 6 (power to vary bail conditions) has effect as if—

a

in sub-paragraphs (3), (4), (6) and (7) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”,

b

in sub-paragraph (5) for “The First-tier Tribunal” there were substituted “ The Special Immigration Appeals Commission, ”, and

c

in sub-paragraphs (3), (4) and (6) for “the Tribunal” there were substituted “ the Commission ”.

7

Paragraph 7(1)(a)(ii) (removal etc of electronic monitoring condition: bail managed by Secretary of State) has effect as if—

a

for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

b

for “the Tribunal” there were substituted “ the Commission ”.

8

Paragraph 8 (amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal) has effect as if—

a

in sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier Tribunal” there were substituted “ the Special Immigration Appeals Commission ”, and

b

in sub-paragraph (1)(a) for “the Tribunal” there were substituted “ the Commission ”.

9

Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” in both places there were substituted “ the Special Immigration Appeals Commission ”.