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Special Immigration Appeals Commission Act 1997

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Changes over time for: Section 2A

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Version Superseded: 01/04/2003

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Point in time view as at 02/04/2001. This version of this provision has been superseded. Help about Status

Changes to legislation:

Special Immigration Appeals Commission Act 1997, Section 2A is up to date with all changes known to be in force on or before 13 December 2024. 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. Help about Changes to Legislation

[F12A Jurisdiction: [F2racial discrimination and]human rights.U.K.

(1)A person who alleges that an authority has, in taking an appealable decision, [F3racially 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 M1Race 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 M2Human 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, [F5racially 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 [F7the 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

F1S. 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))

F2Words 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))

F3Words 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))

F4S. 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))

F5Words 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))

F6S. 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))

F7Words 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))

F8S. 2A(7)(8)(9) inserted (2.10.2000) by S.I. 2000/2326, reg. 32(3)

Modifications etc. (not altering text)

C1S. 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

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