The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018

• Citation: S.I. 2018/736
• Sections: 17

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018.

(2) These Rules come into force on the twenty-first day after the day on which they are made.

(3) 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) insert at the appropriate place—

“the 2016 Act” means the Immigration Act 2016 ;

“financial condition” has the meaning given in paragraph 5 of Schedule 10 to the 2016 Act;

(b) in the definition of “appellant”, for “permission to appeal or applications for bail” substitute “bail, permission to appeal or a certificate under section 7B of the 1997 Act”.

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

In rule 3, after paragraph (aa), insert—

(ab) applications to the Commission for a certificate under section 7B of the 1997 Act ;

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

In the heading of Part 5, insert “ etc ” after “appeal”.

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

For rule 26 substitute—

Scope of this Part

(26) This Part applies to—

(a) 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—

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

(ii) of an application for review under section 2C, 2D or 2E of the 1997 Act, and

(b) applications to the Commission for a certificate under section 7B of the 1997 Act.

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

In rule 27—

(a) for paragraph (2), substitute—

(2) Subject to paragraph (2B), the applicant must file any application for leave to appeal with the Commission within 14 days of being served with the Commission’s determination under rule 47(3).

(b) for paragraph (2A), substitute—

(2A) An applicant who wishes to apply for a certificate under section 7B of the 1997 Act must file an application under rule 27A with the Commission on the same day as filing an application for leave to appeal.

(c) In paragraph (2B), omit “or (2A)”.

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

After rule 27 insert—

Application for a certificate under section 7B

(27A)

(1) An application for a certificate under section 7B of the 1997 Act must be made by filing with the Commission an application in writing.

(2) Subject to paragraph (3), the applicant must file any application for a certificate with the Commission not later than 14 days after being served with the Commission’s determination under rule 47(3).

(3) The Commission may accept an application filed after the expiry of the relevant period in paragraph (2) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.

(4) The application must—

(a) state the grounds on which the applicant believes the conditions in subsection (4) or (5) of section 7B of the 1997 Act are met; and

(b) be signed by the applicant or their representative, and dated.

(5) The applicant must serve a copy of the application notice on every other party.

(6) When an applicant files the application for a certificate with the Commission, the applicant must on the same day also file with the Commission an application for leave to appeal under rule 27.

(7) On receipt of an application for a certificate the Commission must first decide that application before deciding the application for leave to appeal.

(8) The Commission may decide an application for a certificate without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.

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

For rule 29(2)(e) substitute—

(e) the amount of the financial condition that the applicant proposes as a condition of bail;

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

For rule 29(2)(f) substitute—

(f) the full names, addresses, occupations and dates of birth of any persons, other than the applicant, who have agreed to propose a financial condition as a condition of the applicant’s bail, and the amount that they propose.

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

Omit rule 29(2)(fa).

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

For rule 30(5)(b) substitute—

(b) the amount of any financial condition which the Commission has imposed on the applicant or on any other person as a condition of bail.

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

For rule 30(6) substitute—

(6) Details of the financial condition must be in writing and must state—

(a) the sum of money that is required to be paid; and

(b) that the person on whom the Commission has imposed the financial condition has read and understood the bail decision, and that he or she agrees to pay the amount of money stated in it if the applicant fails to comply with the conditions set out in the bail decision.

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

For rule 30(7) substitute—

(7) The document referred to in rule 30(6) must be—

(a) signed by the person on whom it has been imposed; and

(b) filed with the Commission.

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

For rule 30(8)(b) substitute—

(b) being satisfied that rule 30(7) has been complied with in respect of any financial condition imposed as a condition of bail.

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

In rule 30A(1), for the words “paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971” substitute “Schedule 10 to the 2016 Act”.

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

After rule 30A insert—

Power to vary bail conditions

(30B)

(1) Subject to paragraph (2), where bail is granted by the Commission, the Commission may direct that the Secretary of State has the power to amend or remove bail conditions or impose new bail conditions.

(2) The Commission may not give a direction under paragraph (1) without first giving the person being granted bail and any other person subject to a financial condition an opportunity to make representations.

(3) Where the Commission has made a direction under paragraph (1), it may not amend or remove bail conditions or impose new bail conditions in relation to the person who has been granted bail.

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

Rule 31 is revoked.