2015 No. 867
The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015
Made
Coming into force in accordance with rule 1
The Lord Chancellor, in exercise of the powers conferred by sections 5 and 8 of the Special Immigration Appeals Commission Act 19971, makes the following Rules.
In accordance with sections 5(9) and 8(4) of that Act, a draft of these Rules has been laid before and approved by resolution of each House of Parliament.
Citation, commencement and interpretation1
1
These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 and come into force at the end of the period of 21 days beginning with the day on which they are made.
2
In these Rules, a reference to a rule by number alone means the rule so numbered in the Special Immigration Appeals Commission (Procedure) Rules 20032.
Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003
2
In rule 2(1)—
a
in the definition of “appellant”3, for “or section 2D” substitute “, 2D or 2E”;
b
for the definition of “application to the Commission for review under section 2C or under section 2D of the 1997 Act” substitute—
“application to the Commission for review under section 2C, 2D or 2E of the 1997 Act” means, as the case may be, an application to the Commission under subsection (2) of section 2C of the 1997 Act to set aside a direction to which that subsection applies, an application to the Commission under subsection (2) of section 2D of the 1997 Act to set aside a decision to which that subsection applies, or an application to the Commission under subsection (2) of section 2E of the 1997 Act to set aside a decision to which that subsection applies; and, unless the contrary intention appears, “applying for review” and “application for review” are to be read accordingly;
c
in the definition of “Immigration Acts”, for “section 64(2) of the 2006 Act” substitute “section 61(2) of the UK Borders Act 2007”4.
3
In rule 3(aa)5, for “or section 2D” substitute “, 2D or 2E”.
4
In rule 6(b)6, for “or 2D” substitute “, 2D or 2E”.
5
For rule 9(5), substitute—
5
The appellant must attach to the notice of appeal or application for review a copy of the notice of direction or decision against which he is appealing, or in respect of which he is applying for review, and any other document which was served on him containing reasons for that direction or decision.
6
In rule 10(A1)7, for “or 2D” substitute “, 2D or 2E”.
7
In rule 10A(A1)8, for “or 2D” substitute “, 2D or 2E”.
8
In rule 12—
a
in sub-paragraph (a)(i), for “104(4) to (4C)” substitute “104(4A) or (4B)”;
b
omit sub-paragraph (a)(ii).
9
In rule 26(b)9, for “or 2D”, substitute “, 2D or 2E”.
10
In rule 30(1)(b) after “9A(3)(a)” insert “or it has determined in accordance with rule 30A that there has not been a material change in circumstances”.
11
After rule 30, insert—
30ARepeat applications for bail
1
Where the Commission has decided not to release a person on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971, the Commission must dismiss any further application by the person for release on bail that is made during the period of 28 days starting with the date of the Commission’s decision, unless the Commission determines that there has been a material change in circumstances.
2
The Commission may determine whether there has been a material change in circumstances without a hearing.
Signed by the authority of the Lord Chancellor
(This note is not part of the Rules)