118U.K.The Special Immigration Appeals Commission Act 1997 is amended as follows.
Commencement Information
I1Sch. 14 para. 118 partly in force; Sch. 14 para. 118 not in force at Royal Assent see s. 170(4); Sch. 14 para. 118 in force for certain purposes at 14.2.2000 by S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3); Sch. 14 para. 118 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch. and in force for certain purposes at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)
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Textual Amendments
F1Sch. 14 para. 119 repealed (2.10.2000) by S.I. 2000/2326, art. 32(4)(a) (with application as mentioned in regs. 9, 28 and 36 of the said S.I.)
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Textual Amendments
F2Sch. 14 paras. 120-121 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4)
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Textual Amendments
F2Sch. 14 paras. 120-121 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4)
122U.K.In section 4 (determination of appeals), after subsection (1) insert—
“(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.”
Commencement Information
123U.K.In section 7 (appeals from Commission), omit subsection (4).
Commencement Information
124U.K.After section 7, insert—
(1)For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
(2)An appeal is not to be treated as finally determined while a further appeal may be brought.
(3)If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
(4)A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom.
(5)A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
(6)But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 70(4) of the Immigration and Asylum Act 1999.
(7)A pending appeal brought under section 2(1) as a result of section 62(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant.”
Commencement Information
125U.K.In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—
(a)in sub-paragraph (i), for “paragraph 1 of Schedule 5 to the Immigration Act 1971” substitute “section 57(2) of the Immigration and Asylum Act 1999”; and
(b)in sub-paragraph (ii), for “paragraph 7 of that Schedule” substitute “paragraph 1(3) of Schedule 2 to that Act”.
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Textual Amendments
F3Sch. 14 paras. 126-129 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4)
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Textual Amendments
F3Sch. 14 paras. 126-129 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4)
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Textual Amendments
F3Sch. 14 paras. 126-129 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4)
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Textual Amendments
F3Sch. 14 paras. 126-129 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 162(1), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4)