(1)Subsection (2) applies in relation to any direction about the exclusion of a non-EEA national [F2or relevant person] from the United Kingdom which—
(a)is made by the Secretary of State wholly or partly on the ground that the exclusion from the United Kingdom of the non-EEA national [F2or relevant person] is conducive to the public good,
(b)is not subject to a right of appeal, and
(c)is certified by the Secretary of State as a direction that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—
(i)in the interests of national security,
(ii)in the interests of the relationship between the United Kingdom and another country, or
(iii)otherwise in the public interest.
(2)The non-EEA national [F3or relevant person] to whom the direction relates may apply to the Special Immigration Appeals Commission to set aside the direction.
(3)In determining whether the direction should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.
(4)If the Commission decides that the direction should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.
(5)In this section—
“non-EEA national” means any person who is not a national of an EEA state,
[F4“relevant person” has the same meaning as it has for the purposes of section 11(2)(f) and (g) of the European Union (Withdrawal Agreement) Act 2020 (see section 11(7) of that Act);]
and references in this section to the Secretary of State are to the Secretary of State acting in person.]
Textual Amendments
F1Ss. 2C, 2D inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 15, 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F2Words in s. 2C(1) inserted (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 2(2)
F3Words in s. 2C(2) inserted (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 2(3)
F4Words in s. 2C(5) inserted (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 2(4)