- Latest available (Revised)
- Point in Time (31/01/2020)
- Original (As made)
The Special Immigration Appeals Commission (Procedure) Rules 2003
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 12
Alternative versions:
Status:
Point in time view as at 31/01/2020.
Changes to legislation:
The Special Immigration Appeals Commission (Procedure) Rules 2003, Section 12 is up to date with all changes known to be in force on or before 06 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Hearing of appeal [F1or application for review] U.K.
12.— [F2(1)] Every appeal [F3and every application for review] must be determined at a hearing before the Commission, except where—
(a)the appeal—
(i)is treated as abandoned pursuant to section 2(4) of the 1997 Act(1) or [F4section [F5104(4A) or (4B)]] of the 2002 Act(2) [F6or regulation 13(3) of the 2020 Regulations];
F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)is withdrawn by the appellant;
[F8(aa)the application for review is withdrawn by the appellant;]
[F9(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]
(c)the appellant is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.
[F10( 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. ]
Textual Amendments
F1Words in rule 12 heading inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 24
F2Rule 12 renumbered as rule 12(1) (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(6)(a)
F3Words in rule 12 inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 25(a)
F4Words in rule 12(a)(i) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 12 (with rule 35)
F5Words in rule 12(a)(i) substituted (14.4.2015) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 8(a)
F6Words in rule 12(1)(a)(i) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(6)(b)
F7Rule 12(a)(ii) omitted (14.4.2015) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 8(b)
F8Rule 12(aa) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 25(b)
F9Rule 12(b) substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 25(c)
F10Rule 12(2)-(4) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(6)(c)
Commencement Information
I1Rule 12 in force at 1.4.2003, see rule 1
(1)
1997 c. 68. Section 2 is substituted by paragraph 20 of Schedule 7 to the 2002 Act.
(2)
2002 c. 41. Section 104(4) applies in relation to an appeal to the Commission against an immigration decision by virtue of section 2(2)(j) of the 1997 Act as substituted by paragraph 20 of Schedule 7 to the 2002 Act.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.