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Special Immigration Appeals Commission Act 1997
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- 1997 c. 68
- Section 4
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Version Superseded: 01/04/2003
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- 03/08/1998- Amendment
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- 02/04/2001
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Special Immigration Appeals Commission Act 1997, Section 4 is up to date with all changes known to be in force on or before 20 January 2025. 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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4 Determination of appeals.U.K.
(1)The Special Immigration Appeals Commission on an appeal to it under this Act—
(a)shall allow the appeal if it considers—
(i)that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the case, or
(ii)where the decision or action involved the exercise of a discretion by the Secretary of State or an officer, that the discretion should have been exercised differently, and
(b)in any other case, shall dismiss the appeal.
[F1(1A)If a certificate under section 70(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator.]
(2)Where an appeal is allowed, the Commission shall give such directions for giving effect to the determination as it thinks requisite, and may also make recommendations with respect to any other action which it considers should be taken in the case under the M1Immigration Act 1971; and it shall be the duty of the Secretary of State and of any officer to whom directions are given under this subsection to comply with them.
(3)In this section, “immigration rules” has the same meaning as in the Immigration Act 1971.
Textual Amendments
F1S. 4(1A) inserted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 118, 122; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)
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