- Latest available (Revised)
- Point in Time (28/06/2018)
- Original (As enacted)
Point in time view as at 28/06/2018.
Special Immigration Appeals Commission Act 1997, Section 7B is up to date with all changes known to be in force on or before 26 July 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If the Special Immigration Appeals Commission is satisfied that—
(a)the conditions in subsection (4) or (5) are fulfilled in relation to a final determination to which section 7(1) or (1A) applies, and
(b)in respect of that final determination, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 7C,
the Commission may grant a certificate to that effect.
(2)The Commission may grant a certificate under this section only on an application made by a party to the appeal or review to which the final determination relates.
(3)The Commission may not grant a certificate under this section if the final determination is made by the Commission in Scotland.
(4)The conditions in this subsection are that a point of law of general public importance is involved in the final determination and that point of law is—
(a)a point of law that—
(i)relates wholly or mainly to the construction of an enactment or statutory instrument, and
(ii)has been fully argued in the proceedings on the appeal or review to which the final determination relates and fully considered in the judgment of the Commission, or
(b)a point of law—
(i)in respect of which the Commission is bound by a decision of the appropriate appeal court or the Supreme Court in previous proceedings, and
(ii)that was fully considered in the judgments given by the appropriate appeal court or, as the case may be, the Supreme Court in those previous proceedings.
(5)The conditions in this subsection are that a point of law of general public importance is involved in the final determination and that—
(a)the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,
(b)the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Commission, a hearing by the Supreme Court is justified, or
(c)the Commission is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.
(6)No appeal lies against the grant or refusal of a certificate under subsection (1).]
Textual Amendments
F1Ss. 7B-7D inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(2), 95(1); S.I. 2018/732, art. 2 (with art. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: