Immigration Act 2014

18 Review of certain deportation decisions by Special Immigration Appeals Commission

In the Special Immigration Appeals Commission Act 1997, after section 2D insert—

“2E Jurisdiction: review of certain deportation decisions

(1) Subsection (2) applies in relation to a relevant deportation decision which has been certified under section 97 or 97A(1) of the Nationality, Immigration and Asylum Act 2002 (certification on grounds of national security etc).

(2) The person to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.

(3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.

(4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.

(5) In this section “relevant deportation decision” means a decision of the Secretary of State about the deportation of a person from the United Kingdom, if and to the extent that—

(a) the decision is not subject to a right of appeal, or

(b) the decision (being subject to a right of appeal) gives rise to issues which may not be raised on such an appeal.”