Search Legislation

Justice and Security Act 2013

Status:

This is the original version (as it was originally enacted).

Closed material procedure: immigration

15Certain exclusion, naturalisation and citizenship decisions

After section 2B of the Special Immigration Appeals Commission Act 1997 (appeals against certain deprivation of citizenship decisions) insert—

2CJurisdiction: review of certain exclusion decisions

(1)Subsection (2) applies in relation to any direction about the exclusion of a non-EEA national from the United Kingdom which—

(a)is made by the Secretary of State wholly or partly on the ground that the exclusion from the United Kingdom of the non-EEA national is conducive to the public good,

(b)is not subject to a right of appeal, and

(c)is certified by the Secretary of State as a direction that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—

(i)in the interests of national security,

(ii)in the interests of the relationship between the United Kingdom and another country, or

(iii)otherwise in the public interest.

(2)The non-EEA national to whom the direction relates may apply to the Special Immigration Appeals Commission to set aside the direction.

(3)In determining whether the direction 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 direction 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—

  • “non-EEA national” means any person who is not a national of an EEA state,

and references in this section to the Secretary of State are to the Secretary of State acting in person.

2DJurisdiction: review of certain naturalisation and citizenship decisions

(1)Subsection (2) applies in relation to any decision of the Secretary of State which—

(a)is either—

(i)a refusal to issue a certificate of naturalisation under section 6 of the British Nationality Act 1981 to an applicant under that section, or

(ii)a refusal to grant an application of the kind mentioned in section 41A of that Act (applications to register an adult or young person as a British citizen etc.), and

(b)is certified by the Secretary of State as a decision that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—

(i)in the interests of national security,

(ii)in the interests of the relationship between the United Kingdom and another country, or

(iii)otherwise in the public interest.

(2)The applicant 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.

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

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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