Special Immigration Appeals Commission Act 1997

[F1 2A Jurisdiction: [F2 racial discrimination and]human rights. U.K.

(1) A person who alleges that an authority has, in taking an appealable decision, [F3 racially discriminated against him or] acted in breach of his human rights may appeal to the Commission against that decision.

(2) For the purposes of this section, [F4 —

(a) an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the M1 Race Relations Act 1976; and

(b)] 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 M2 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, [F5 racially discriminated against the appellant or] 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 [F6 —

(a) racially discriminated against the appellant; or

(b)] acted in breach of the appellant’s human rights, the appeal may be allowed on [F7 the ground in question].

(6) “Authority” means—

(a) the Secretary of State;

(b) an immigration officer;

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

[F8 (7) “Appealable decision" means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act but for a public interest provision.

F8 (8) “The 1999 Act" and “public interest provision" have the same meaning as in section 2.

F8 (9) 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, on the ground mentioned in paragraph (2) of that regulation, which lies to the Commission as a result of regulation 31 of those Regulations.]

Textual Amendments

F1 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))

F2 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))

F3 Words in s. 2A(1) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 23 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F4 S. 2A(2)(a) “(b)" and the preceding “-" inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 24 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F5 Words in s. 2A(3) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 25 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F6 S. 2A(5)(a) “(b)" and the preceding “-" inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 26 (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F7 Words in s. 2A(5) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 26(b) (with s. 10(5)); S.I. 2001/566, art. 2(1) (subject to art. 2(2))

F8 S. 2A(7)(8)(9) inserted (2.10.2000) by S.I. 2000/2326, reg. 32(3)

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.

S. 2A 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)

Marginal Citations

M1 1976 c. 74.

M2 1998 c. 42