Search Legislation

Special Immigration Appeals Commission Act 1997

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1.

SCHEDULE 1The Commission

Members

1(1)The Special Immigration Appeals Commission shall consist of such number of members appointed by the Lord Chancellor as he may determine.

(2)A member of the Commission shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(3)A member of the Commission may resign his office at any time by notice in writing to the Lord Chancellor.

Chairman

2The Lord Chancellor shall appoint one of the members of the Commission to be its chairman.

Payments to members

3(1)The Lord Chancellor may pay to the members of the Commission such remuneration and allowances as he may determine.

(2)The Lord Chancellor may, if he thinks fit in the case of any member of the Commission pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.

(3)If a person ceases to be a member of the Commission and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.

Proceedings

4The Commission shall sit at such times and in such places as the Lord Chancellor may direct and may sit in two or more divisions.

5The Commission shall be deemed to be duly constituted if it consists of three members of whom—

(a)at least one holds or has held high judicial office (within the meaning of the [1876 c. 59.] Appellate Jurisdiction Act 1876), and

(b)at least one is or has been—

(i)appointed as chief adjudicator under paragraph 1 of Schedule 5 to the [1971 c. 77.] Immigration Act 1971, or

(ii)a member of the Immigration Appeal Tribunal qualified as mentioned in paragraph 7 of that Schedule.

6The chairman or, in his absence, such other member of the Commission as he may nominate, shall preside at sittings of the Commission and report its decisions.

Staff

7The Lord Chancellor may appoint such officers and servants for the Commission as he thinks fit.

Expenses

8The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 7 above and such expenses of the Commission as he thinks fit.

Section 2.

SCHEDULE 2Appeals: Supplementary

Suspension of variation of limited leave pending appeal

1The limitation on the taking effect of a variation and on a requirement to leave the United Kingdom contained in section 14(1) of the [1971 c. 77.] Immigration Act 1971 shall have effect as if appeals under any of the following provisions of section 2(1) above were appeals under section 14(1) of the 1971 Act—

(a)paragraph (b),

(b)paragraph (f), and

(c)paragraph (g), so far as relating to section 8(2) of the [1993 c. 23.] Asylum and Immigration Appeals Act 1993.

Deportation order not to be made while appeal pending

2In section 15(2) of the Immigration Act 1971 references to an appeal against a decision to make a deportation order shall include references to an appeal against such a decision under any of the following provisions of section 2(1) above—

(a)paragraph (c),

(b)paragraph (e), and

(c)paragraph (g), so far as relating to section 8(3)(a) of the Asylum and Immigration Appeals Act 1993.

Stay of removal directions pending appeal and bail

3(1)Part II of Schedule 2 to the Immigration Act 1971 shall have effect as if the references to appeals under section 13(1) of that Act included appeals under any of the following provisions of section 2(1) above—

(a)paragraph (a),

(b)paragraph (d), and

(c)paragraph (g), so far as relating to section 8(1) of the Asylum and Immigration Appeals Act 1993,

and as if sub-paragraph (5) of paragraph 28 of Schedule 2 were omitted.

(2)Paragraph 3 of Schedule 3 to the Immigration Act 1971 shall have effect as if the reference to appeals under section 15(1)(a) of the 1971 Act included appeals under any of the following provisions of section 2(1) above—

(a)paragraph (c),

(b)paragraph (e), and

(c)paragraph (g), so far as relating to section 8(3)(a) of the Asylum and Immigration Appeals Act 1993.

Construction of references to pending appeal

4For the purposes of the Immigration Act 1971 as applied by paragraphs 1 to 3 above, an appeal under section 2 above shall be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn; and an appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 7 above, nor, if such an appeal is duly brought, until it is determined or withdrawn.

Appeals involving asylum

5Where a person brings an appeal under section 2(1)(g) above, the Special Immigration Appeals Commission shall in the same proceedings deal with—

(a)any appeal against the refusal, variation or decision (as the case may be) which the person is entitled to bring under—

(i)Part II of the [1971 c. 77.] Immigration Act 1971, or

(ii)the [S.I. 1994/1895.] Immigration (European Economic Area) Order 1994,

on any other ground on which he seeks to rely, and

(b)any appeal brought by the person under that Part of that Act or that Order against any other decision or action.

Notice of appealable decisions and statement of appeal rights etc

6Section 18 of the Immigration Act 1971 shall have effect as if section 2 above were contained in Part II of that Act.

Financial support for organisations helping persons with rights of appeal

7Section 23 of the Immigration Act 1971 shall have effect as if section 2 above were contained in Part II of that Act.

Section 3.

SCHEDULE 3Bail: Modifications of Schedule 2 to the Immigration Act 1971

1(1)Paragraph 22 shall be amended as follows.

(2)In sub-paragraph (1A), for the words from the beginning to “adjudicator” there shall be substituted “The Special Immigration Appeals Commission”.

(3)In sub-paragraph (2)—

(a)for the words “immigration officer or adjudicator” there shall be substituted “Special Immigration Appeals Commission”, and

(b)for the words “officer or adjudicator” there shall be substituted “Commission”.

(4)In sub-paragraph (3)—

(a)for “an immigration officer or adjudicator” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “officer or adjudicator”, in both places, there shall be substituted “Commission”.

2(1)Paragraph 23 shall be amended as follows.

(2)In sub-paragraph (1)—

(a)for “an adjudicator” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “the adjudicator”, in each place, there shall be substituted “the Commission”.

(3)In sub-paragraph (2)—

(a)for “an adjudicator” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “the adjudicator” there shall be substituted “the Commission”.

3(1)Paragraph 24 shall be amended as follows.

(2)For sub-paragraph (2), there shall be substituted—

(2)A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.

(3)In sub-paragraph (3), for the words from the beginning to “above” there shall be substituted “Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission—”.

4(1)Paragraph 29 shall be amended as follows.

(2)For sub-paragraphs (2) to (4) there shall be substituted—

(2)The Special Immigration Appeals Commission may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the Commission at a time and place named in the recognizance or bail bond.

(3)For sub-paragraph (6) there shall be substituted—

(6)In any case in which the Special Immigration Appeals Commission has power to release an appellant on bail, the Commission may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the Commission; and on the recognizance or bail bond being so taken the appellant shall be released.

5Paragraph 30(2) shall be omitted.

6(1)Paragraph 31 shall be amended as follows.

(2)In sub-paragraph (1)—

(a)for “an adjudicator or the Tribunal” there shall be substituted “the Special Immigration Appeals Commission”,

(b)for “the adjudicator or the Tribunal, as the case may be,” there shall be substituted “the Commission”, and

(c)for “the adjudicator or Tribunal”, in both places, there shall be substituted “the Commission”.

(3)In sub-paragraph (3)—

(a)for “an adjudicator or the Tribunal” there shall be substituted “the Special Immigration Appeals Commission”, and

(b)for “the adjudicator or Tribunal” there shall be substituted “it”.

7Paragraph 32 shall be amended as follows—

(a)for “an adjudicator or the Tribunal” there shall be substituted “the Special Immigration Appeals Commission”,

(b)for “the adjudicator or Tribunal” there shall be substituted “the Commission”, and

(c)for “the adjudicator or the Tribunal” there shall be substituted “the Commission”.

8(1)Paragraph 33 shall be amended as follows.

(2)For sub-paragraph (2), there shall be substituted—

(2)A person arrested under this paragraph shall be brought before the Special Immigration Appeals Commission within twenty-four hours.

(3)In sub-paragraph (3), for the words from the beginning to “above” there shall be substituted “Where a person is brought before the Special Immigration Appeals Commission by virtue of sub-paragraph (2) above, the Commission—”.

Back to top

Options/Help

Print Options

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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
Close

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 enacted 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