The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

Amendment of the Special Immigration Appeals Commission (Procedure) Rules 2003

4.—(1) The Special Immigration Appeals Commission (Procedure) Rules 2003(1) are amended as follows.

(2) In rule 2, after the definition of “the 2016 Act”(2), insert—

““the 2020 Regulations” means the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020;”.

(3) In rule 6(3)—

(a) omit the “and” at the end of paragraph (a);

(b) after that paragraph, insert—

“(aa) appeals to the Commission under regulation 7 of the 2020 Regulations; and”

(4) In rule 7(4), in paragraph (1), after “the 2002 Act”, insert “or regulation 7 of the 2020 Regulations”.

(5) In rule 8(5)—

(a) in paragraph (1), for “or section 97A(3) of the 2002 Act” substitute “, section 97A(3) of the 2002 Act or regulation 7 of the 2020 Regulations”;

(b) in paragraph (2), in sub-paragraph (b), after “Act”, insert “or regulation 15 of the 2020 Regulations”;

(c) after paragraph (4A), insert—

“(4B) Paragraph (4C) applies where—

(a) an appellant (“A”) applies for an administrative review of an appealable decision (“the original decision”) under the relevant rules, and

(b) A had not, before A receives notice of the decision on administrative review, given a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision.

(4C) Where this paragraph applies, A must give a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision—

(a) if A is in detention under the Immigration Acts, not later than 5 days after A receives the notice of the decision on administrative review;

(b) otherwise—

(i) if A is in the United Kingdom, not later than 10 days after A receives the notice of the decision on administrative review, or

(ii) if A is outside the United Kingdom, subject to paragraph (4D), not later than 28 days after A receives the notice of the decision on administrative review.

(4D) Where A—

(a) is in the United Kingdom when A receives the notice of the decision on administrative review, and

(b) may not appeal against the original decision while in the United Kingdom by reason of regulation 15 of the 2020 Regulations,

a notice of appeal against the original decision must be given not later than 28 days after A’s departure from the United Kingdom.

(4E) In this rule—

“appealable decision” has the meaning given in regulation 2 of the 2020 Regulations;

“relevant rules” means residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020).”.

(6) In rule 12(6)—

(a) the existing paragraph is renumbered as paragraph (1) of that rule;

(b) in paragraph (1) (as renumbered), in sub-paragraph (a)(i), after “the 2002 Act” insert “or regulation 13(3) of the 2020 Regulations”;

(c) after that paragraph, insert—

“(2) A party to an appeal under the 2020 Regulations must notify the Commission if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.

(3) Where an appeal would otherwise be treated as abandoned under regulation 13(3) of the 2020 Regulations but the appellant wishes to pursue their appeal, the appellant must provide a notice to the Commission and to each other party within the relevant period.

(4) For the purposes of paragraph (3), “the relevant period” is the period of 28 days beginning with the day on which the appellant was sent notice of the grant of leave to enter or remain in the United Kingdom.”.

(1)

S.I. 2003/1034.

(2)

The definition of “the 2016 Act” was inserted by S.I. 2018/736.

(3)

Rule 6 was substituted by S.I. 2013/2995. It was amended by S.I. 2015/867.

(4)

Rule 7 was amended by S.I. 2007/1285. There are other amending instruments but none is relevant.

(5)

Rule 8 was amended by S.I. 2007/1285 and 2013/2995.

(6)

Rule 12 has been amended by S.I. 2007/1285, 2013/2995 and 2015/867.