The Special Immigration Appeals Commission (Procedure) Rules 2003

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed in proceedings before the Special Immigration Appeals Commission (“the Commission”).

Part 1 of these Rules contains introductory provisions. In particular, rule 4(1) sets out the general duty of the Commission, when exercising its functions, to secure that information is not disclosed contrary to the public interest.

Part 2 contains rules about appeals to the Commission under section 2 or 2B of the Special Immigration Appeals Commission Act 1997. Section 2 of the 1997 act, as substituted by Schedule 7 to the Nationality, Immigration and Asylum Act 2002, provides that a person may appeal to the Commission against an immigration decision or a decision to reject an asylum claim, where he is prevented from bringing or continuing an appeal to an adjudicator or the Immigration Appeal Tribunal by reason of a certificate of the Secretary of State that the decision was taken on national security or other public interest grounds. Section 2B of the 1997 Act, as inserted by section 4 of the 2002 Act, provides that a person may appeal against a decision by the Secretary of State to make an order depriving him of a British citizenship status, where he is not entitled to appeal to an adjudicator or the Immigration Appeal Tribunal by reason of such a certificate.

Part 3 contains rules about appeals to the Commission under section 25 of the Anti-terrorism, Crime and Security Act 2001 against certificates by the Secretary of State under section 21(1) of that Act that a person is a suspected international terrorist, and Part 4 contains rules about reviews of such certificates under section 26 of that Act.

Part 5 contains rules about applications to the Commission for leave to appeal on a question of law to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland.

Part 6 contains rules about applications to the Commission for bail. Such applications may be made under Schedule 2 to the Immigration Act 1971 as applied with modifications by section 3 of and Schedule 3 to the 1997 Act, and under section 24 of the 2001 Act.

Part 7 contains general provisions which apply to proceedings before the Commission. In particular it includes provisions:

• permitting parties to be legally represented;

• enabling the Commission to exclude an appellant and his representative from a hearing or part of a hearing, if it considers that it is necessary to do so to secure that information is not disclosed contrary to the public interest;

• relating to special advocates, whom a law officer may appoint under section 6(1) of the 1997 Act to represent the interests of an appellant in any proceedings before the Commission from which the appellant and his legal representative are excluded; and

• prescribing the procedure to be followed where the Secretary of State wishes to rely on any material in proceedings before the Commission but objects to it being disclosed to the appellant or his representative.

Part 8 revokes the Special Immigration Appeals Commission (Procedure) Rules 1998 and contains transitional provisions for appeals and applications pending on the date on which these Rules come into force.