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Special Immigration Appeals Commission Act 1997
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- 1997 c. 68
- Section 2
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Special Immigration Appeals Commission Act 1997, Section 2 is up to date with all changes known to be in force on or before 23 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 Part IV of the Immigration and Asylum Act 1999 (“the 1999 Act") but for a public interest provision.
F1(1A)Subsection (1) does not apply to an appeal under section 59(2) of the 1999 Act.
F1(1B)“Public interest provision" means any of sections 60(9), 62(4), 64(1) or (2) or 70(1) to (6) of the 1999 Act.
F1(1C)A reference in this Act to an appeal under this section includes a reference to an appeal under regulation 29(1) of the Immigration (European Economic Area) Regulations 2000 (other than on the ground mentioned in paragraph (2) of that regulation) which lies to the Commission as a result of regulation 31 of those Regulations.]
(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 [F2section 59(2) of the 1999 Act but for section 60(9) of that Act] (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 M1European 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
F1S. 2(1)(1A)(1B)(1C) substituted (2.10.2000) for s. 2(1) by S.I. 2000/2326, reg. 32(2) (subject to transitional provision in reg. 36)
F2Words in s. 2(2) substituted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 120; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 para. 5)
Modifications etc. (not altering text)
C1S. 2: power to amend conferred (22.5.2000) by 1999 c. 33, s. 80(8)(a); S.I. 2000/1282, art. 2, Sch.
C2S. 2(1) amended (2.10.2000) by 1999 c. 33, s. 78(3)(4)(5); S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)
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