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Special Immigration Appeals Commission Act 1997
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- 1997 c. 68
- Section 2F
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Special Immigration Appeals Commission Act 1997, Section 2F is up to date with all changes known to be in force on or before 11 November 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2AA 2AB inserted by 2023 c. 37 s. 53(5)
- s. 5(10)-(13) inserted by 2023 c. 37 s. 53(7)(c)
[F12FJurisdiction: review of certain immigration decisionsU.K.
(1)Subsection (2) applies in relation to any decision of the Secretary of State which—
(a)relates to a person’s entitlement to enter, reside in or remain in the United Kingdom, or to a person’s removal from the United Kingdom,
(b)is not subject—
(i)to a right of appeal, or
(ii)to a right under a provision other than subsection (2) to apply to the Special Immigration Appeals Commission for the decision to be set aside, and
(c)is certified by the Secretary of State acting in person as a decision 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 person to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.
(3)In determining whether the decision 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 decision 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.]
Textual Amendments
F1S. 2F inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27
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