- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Illegal Migration Act 2023, Section 53 is up to date with all changes known to be in force on or before 15 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
(1)This section applies where the Secretary of State makes a decision under section 42(2)(b) or 43(2)(b) (refusal of suspensive claim) in relation to a suspensive claim.
(2)An appeal under section 44, or an application for permission to appeal under section 45, in relation to the decision may not be brought or continued if the Secretary of State acting in person certifies that the decision was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—
(a)in the interests of national security,
(b)in the interests of the relationship between the United Kingdom and another country, or
(c)otherwise in the public interest.
(3)Where a certificate is issued under subsection (2), any pending appeal, or application for permission to appeal, in relation to the decision lapses.
(4)The Special Immigration Appeals Commission Act 1997 is amended as follows.
(5)After section 2 insert—
(1)A person may appeal to the Special Immigration Appeals Commission against a refusal decision if—
(a)the person would, but for a certificate of the Secretary of State under section 53 of the Illegal Migration Act 2023 (Special Immigration Appeals Commission), be able to—
(i)appeal against the decision under section 44 of that Act, or
(ii)apply for permission to appeal against the decision under section 45 of that Act, or
(b)an appeal against the decision under section 44 of that Act, or an application for permission to appeal against the decision under section 45 of that Act, lapsed under section 53 of that Act by virtue of a certificate of the Secretary of State under that section.
(2)Sections 44(3) to (6) and 48(2) to (7) of the Illegal Migration Act 2023 apply, with the modification in subsection (3), in relation to an appeal under this section as they apply in relation to an appeal under section 44 of that Act.
(3)The modification is that references to the Upper Tribunal are to be read as references to the Special Immigration Appeals Commission.
(4)In this section “refusal decision” means a decision of the Secretary State under section 42(2)(b) or 43(2)(b) of the Illegal Migration Act 2023 (refusal of suspensive claim).
(1)Subsections (2) and (3) apply in relation to a decision by the Special Immigration Appeals Commission to make or not to make a determination under section 48(5)(b) of the Illegal Migration Act 2023 (consideration of new matters), as applied by section 2AA(2) of this Act.
(2)The decision is final, and not liable to be questioned or set aside in any other court.
(3)In particular—
(a)the Special Immigration Appeals Commission is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;
(b)the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
(4)Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—
(a)the Special Immigration Appeals Commission is or was properly constituted for the purpose of making the decision, or
(b)the Special Immigration Appeals Commission is acting or has acted—
(i)in bad faith, or
(ii)in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.
(5)In this section—
“decision” includes any purported decision;
“the supervisory jurisdiction” means the supervisory jurisdiction of—
the High Court, in England and Wales or Northern Ireland, or
the Court of Session, in Scotland.”
(6)In the following provisions, for “2 or 2B” substitute “2, 2AA or 2B”—
(a)section 5(1)(a) and (b);
(b)section 5(2);
(c)section 6A(1);
(d)section 6A(2)(a).
(7)In section 5 (procedure in relation to jurisdiction under sections 2 and 3)—
(a)in the heading, after “2” insert “, 2AA”;
(b)in subsection (9), at the beginning, insert “Subject to subsection (10),”;
(c)after subsection (9), insert—
“(10)A statutory instrument containing the first rules made for the purposes of section 2AA (appeals in relation to the Illegal Migration Act 2023) must be laid before Parliament after being made.
(11)Rules contained in a statutory instrument laid before Parliament under subsection (10) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(12)In calculating the period of 40 days, no account is to be taken of any whole days that fall within a period during which—
(a)Parliament is dissolved or prorogued, or
(b)either House of Parliament is adjourned for more than four days.
(13)If rules cease to have effect as a result of subsection (11)—
(a)that does not affect the validity of anything previously done under the rules, and
(b)subsection (10) applies again as if the rules had not been made.”
Commencement Information
I1S. 53 not in force at Royal Assent, see s. 68(1)
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.
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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: