The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013

• Citation: S.I. 2013/2995
• Sections: 30

Section 1 Citation, commencement and interpretation

(1) These rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 and come into force on the day after 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 2003 .

Section 2 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 2(1)—

(a) in the definition of “appellant” , after “the Commission”, insert—

or, as the case may be, making an application to the Commission for review under section 2C or section 2D of the 1997 Act

(b) after the definition of “appellant”, insert—

“application to the Commission for review under section 2C or section 2D of the 1997 Act” means an application to the Commission under subsection 2C(2) of the 1997 Act to set aside a direction to which that subsection applies, or an application to the Commission under subsection 2D(2) 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;

Section 3 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 3 , after paragraph (a) insert—

(aa) applications to the Commission for review under section 2C or section 2D of the 1997 Act;

Section 4 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 5(1) —

(a) in sub-paragraph (a), after “appealing” insert “or applying for review”;

(b) in sub-paragraph (b), after “appeal” insert “or review”.

Section 5 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

For the heading of Part 2, substitute “ Appeals to and reviews by the Commission under the 1997 Act ”.

Section 6 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

For rule 6 , substitute—

Scope of this Part

(6) This Part applies to—

(a) appeals to the Commission under section 2 or 2B of the 1997 Act and section 97A(3) of the 2002 Act; and

(b) applications to the Commission for review under section 2C or 2D of the 1997 Act.

Section 7 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 7, after “ appeal ” insert “ or application for review ”.

Section 8 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 7 —

(a) after paragraph (1), insert—

(1A) An application to the Commission for review under the 1997 Act must be made by giving notice of application in accordance with these Rules.

(b) in paragraph (2), after “appeal” insert “or notice of application for review”;

(c) in paragraph (3), after “appeal” insert “or notice of application for review”;

(d) in paragraph (4), after “appeal” insert “or notice of application for review”;

(e) in paragraph (5), after “appeal” insert “or notice of application for review”.

Section 9 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 8, after “ appealing ” insert “ or for applying for review ”.

Section 10 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 8 —

(a) in paragraph (1), after “the 2002 Act” insert “or a notice of application for review under the 1997 Act”;

(b) in sub-paragraph (1)(a) after “appeal” insert “or direction or decision in respect of which he wishes to apply for review”;

(c) in sub-paragraph (1)(b) after “appeal” insert “or direction or decision in respect of which he wishes to apply for review”;

(d) after paragraph (4), insert—

(4A) Where a person is served with notice of certification under section 2C(1)(a) or section 2D(1)(b) of the 1997 Act, the date from which the time limit for giving a notice of application for review under paragraph (1) begins is the later of the following—

(a) the date he is served with that notice of certification; or

(b) the date on which this paragraph came into force.

Section 11 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 9, after “ appeal ” insert “ or notice of application for review ”.

Section 12 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 9—

(a) after paragraph (1), insert—

(1A) The notice of application for review must—

(a) specify, by reference to the principles which would be applied in an application for judicial review, the grounds for applying for a review;

(b) give reasons in support of those grounds; and

(c) specify the order or relief sought.

(b) in paragraph (2), after “appeal” insert “or application for review”;

(c) in paragraph (3), after “appeal” insert “or application for review”;

(d) in paragraph (4), after “appeal” at each place, insert “or application for review”;

(e) in paragraph (5), after “appeal” insert “or application for review”.

Section 13 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 9A —

(a) in paragraph (1), after “appeal” insert “or notice of application for review”;

(b) in sub-paragraph (3)(c), after “appeal” insert “or application for review”.

Section 14 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 10, after “ reply ” insert “ to an appeal ”.

Section 15 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 10 , before paragraph (1) insert—

(A1) This rule does not apply to an application to the Commission for review under section 2C or 2D of the 1997 Act.

Section 16 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 10A, after “ material ” insert “ in relation to an appeal ”.

Section 17 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 10A , before paragraph (1) insert—

(A1) This rule does not apply to an application to the Commission for review under section 2C or 2D of the 1997 Act.

Section 18 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

After rule 10A, insert—

Secretary of State’s reply to an application for review

(10B)

(1) Where the Secretary of State intends to oppose an application for review, he must file with the Commission—

(a) a statement of the evidence on which he relies in opposition to the application for review; and

(b) material relevant to the issues in the application for review.

(2) Unless the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, he must serve a copy of the statement and material, or as much of the statement and material as he does not object to disclosing to the appellant or his representative, on the appellant at the same time as filing it.

(3) Where the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, rules 37 and 38 shall apply in respect of the statement and material, or the part thereof which the Secretary of State objects to disclosing to the appellant or his representative.

(4) Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement and material filed under paragraph (1).

Section 19 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 11, after “ appeal ” insert “ or application for review ”.

Section 20 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 11—

(a) in paragraph (1), after “appeal” insert “or application for review”;

(b) in paragraph (2), after “appeal” insert “or application for review”.

Section 21 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 11A, after “ appeal ” insert “ or application for review ”.

Section 22 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 11A —

(a) in paragraph (1), after “appeal” insert “or application for review”;

(b) in paragraph (2), after “appeal” in both places, insert “or application for review”;

(c) in paragraph (3), after “appeal” in both places, insert “or application for review”.

Section 23 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

For rule 11B , substitute—

Striking out

(11B) The Commission may strike out—

(a) a notice of appeal, a notice of application for review or a reply by the Secretary of State, if it appears to the Commission that it discloses no reasonable grounds for bringing or defending the appeal or for seeking or opposing the application for review, as the case may be; or

(b) a notice of appeal or a notice of application for review, if it appears to the Commission that it is an abuse of the Commission’s process.

Section 24 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In the heading of rule 12, after “ appeal ” insert “ or application for review ”.

Section 25 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 12 —

(a) after “Every appeal” insert “and every application for review”;

(b) after paragraph (a), insert—

(aa) the application for review is withdrawn by the appellant;

(c) for paragraph (b), substitute—

(b) the Secretary of State consents to—

(i) the appeal being allowed; or

(ii) the granting of the order or the relief sought in an application for review; or

Section 26 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

For rule 26 , substitute—

Scope of this Part

(26) This Part applies to applications to the Commission for leave to appeal to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland from a final determination by the Commission—

(a) of an appeal, on a question of law; or

(b) of an application for review under section 2C or 2D of the 1997 Act.

Section 27 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 34(1), for “appeal or application” substitute “appeal, application for review or other application”.

Section 28 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 37 —

(a) for paragraph (1), substitute—

(1) In this rule, “ closed material ” means material which the Secretary of State would otherwise be required to disclose to the appellant or his representative under rule 10, 10A or 10B, but which the Secretary of State objects to disclosing to the appellant or his representative.

(b) in paragraph (3), for “10(2) or 10A(8)”, substitute “10(2), 10A(8) or 10B(2)”.

Section 29 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 40 —

(a) in sub-paragraph (1)(c)(i), after “appeal” insert “or application for review”;

(b) in sub-paragraph (1)(c)(ii), after “appeal” insert “, notice of application for review”;

(c) after paragraph (2), insert—

(3) Where the Commission has struck out a notice of appeal, notice of application for review or the Secretary of State’s reply under paragraph (1)(c)(ii), it may subsequently reinstate the notice or reply if it is satisfied that circumstances outside the control of the appellant or the Secretary of State (as the case may be) made it impracticable for the appellant or the Secretary of State to comply with the direction.

Section 30 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

In rule 43A , after “appeal” insert “or application for review”.