Special Immigration Appeals Commission Act 1997

Prospective

2 Jurisdiction: appeals. U.K.

[F1 (1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under any provision (other than section 59(2)) of Part IV of the Immigration and Asylum Act 1999 (“the 1999 Act”) or the Immigration (European Economic Area) Order 1994 (“the 1994 Order”) but for a public interest provision.

(1A) “Public interest provision” means any of—

(a) sections 60(9), 62(4), 64(1) or (2) or 70(1) to (6) of the 1999 Act; or

(b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order.]

(2) A person may appeal to the Special Immigration Appeals Commission against the refusal of an entry clearance if he would be entitled to appeal against the refusal under subsection (2) of section 13 of the M1 Immigration Act 1971, but for subsection (5) of that section (exclusion conducive to public good), and—

(a) he seeks to rely on an enforceable Community right or any provision made under section 2(2) of the M2 European Communities Act 1972, or

(b) he seeks to enter the United Kingdom under immigration rules making provision about entry—

(i) to exercise rights of access to a child resident there,

(ii) as the spouse or fiance of a person present and settled there, or

(iii) as the parent, grandparent or other dependent relative of a person present and settled there.

(3) Schedule 2 to this Act (which makes supplementary provision relating to appeals under this section) shall have effect.

(4) In this section, “immigration rules” has the same meaning as in the Immigration Act 1971.

Textual Amendments

F1 S. 2(1)(1A) substituted (prosp.) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 119 (which Sch. 14 para. 119 was repealed (2.10.2000) by S.I. 2000/2326, reg. 32(4))

Modifications etc. (not altering text)

C1 S. 2: power to amend conferred (22.5.2000) by 1999 c. 33, s. 80(8)(a); S.I. 2000/1282, art. 2, Sch.

Marginal Citations

M1 1971 c. 77

M2 1972 c. 68.