The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015

• Citation: S.I. 2015/867
• Sections: 11

Section 1 Citation, commencement and interpretation

(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 2003 .

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

In rule 2(1)—

(a) in the definition of “appellant” , 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” .

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

In rule 3(aa) , for “or section 2D” substitute “, 2D or 2E”.

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

In rule 6(b) , for “or 2D” substitute “, 2D or 2E”.

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

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.

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

In rule 10(A1) , for “or 2D” substitute “, 2D or 2E”.

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

In rule 10A(A1) , for “or 2D” substitute “, 2D or 2E”.

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

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).

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

In rule 26(b) , for “or 2D”, substitute “, 2D or 2E”.

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

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”.

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

After rule 30, insert—

Repeat applications for bail

(30A)

(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.