Special Immigration Appeals Commission Act 1997

Prospective

[F1 2A Jurisdiction: human rights. U.K.

(1) A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision.

(2) For the purposes of this section, an authority acts in breach of a person’s human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the M1 Human Rights Act 1998.

(3) Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant’s human rights.

(4) The Commission has jurisdiction to consider the question.

(5) If the Commission decides that the authority concerned acted in breach of the appellant’s human rights, the appeal may be allowed on that ground.

(6) “Authority” means—

(a) the Secretary of State;

(b) an immigration officer;

(c) a person responsible for the grant or refusal of entry clearance.

(7) “Appealable decision” means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision.

(8) “The 1999 Act”, “the 1994 Order” and “public interest provision” have the same meaning as in section 2.]

Textual Amendments

F1 S. 2A inserted (prosp.) by 1999 c. 33, ss. 169(1), 170(4), Sch. 14 paras. 118, 121 (which Sch. 14 para. 121 was repealed (2.10.2000) in so far as it relates to the insertion of of subsections (7) and (8) by S.I. 2000/2326, reg. 32(4))

Modifications etc. (not altering text)

C1 S. 2A: 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 1998 c. 42.