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Special Immigration Appeals Commission Act 1997
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- 1997 c. 68
- Section 7
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Changes to legislation:
Special Immigration Appeals Commission Act 1997, Section 7 is up to date with all changes known to be in force on or before 24 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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Changes and effects yet to be applied to Section 7:
- s. 7(1A) words substituted by 2014 c. 22 Sch. 9 para. 26(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
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)
7 Appeals from the Commission.U.K.
(1)Where the Special Immigration Appeals Commission has made a final determination of an appeal, any party to the appeal may bring a further appeal to the appropriate appeal court on any question of law material to that determination.
[F1(1A)Where the Commission has made a final determination of a review under section 2C [F2, 2D or 2F], any party to the review may bring an appeal against that determination to the appropriate appeal court.]
[F3(1B)Where the Commission has made a final determination of an application under paragraph 1(1), (2) or (6) or paragraph 2(5) of Schedule 4A to the British Nationality Act 1981 (deprivation of citizenship without notice), the Secretary of State may bring an appeal against that determination to the appropriate appeal court.]
(2)An appeal under this section may be brought only with the leave of the Commission or, if such leave is refused, with the leave of the appropriate appeal court.
(3)In this section [F4and sections 7B to 7D] “the appropriate appeal court” means—
(a)in relation to a determination made by the Commission in England and Wales, the Court of Appeal,
(b)in relation to a determination made by the Commission in Scotland, the Court of Session, and
(c)in relation to a determination made by the Commission in Northern Ireland, the Court of Appeal in Northern Ireland.
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 7(1A) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 9(3); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F2Words in s. 7(1A) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(4)(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27
F3S. 7(1B) inserted (18.11.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022 (S.I. 2022/1209), regs. 1(2), 2(4)
F4Words in s. 7(3) inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(4), 95(1); S.I. 2018/732, art. 2 (with art. 3)
F5S. 7(4) repealed (2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 118, 123, Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)
Modifications etc. (not altering text)
C1S. 7 applied (14.12.2001) by 2001 c. 24, s. 27(1)(b)
C2S. 7(1A) modified (temp.) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(4)(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27
C3S. 7(2)(3) applied by 2001 c. 24, s. 24(5) (as added (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 32(1), 48(2))
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