The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Special Immigration Appeals Commission (Procedure) Rules 2003 (S.I. 2003/1034). They —

• make amendments consequential on the repeal of Part 4 of the Anti-terrorism, Crime and Security Act 2001 (c.24) by the Prevention of Terrorism Act 2005 (c.2) (rules 2 to 4, 6, 7, 13 to 16, 28 and 35);

• extend the application of the Rules to cover appeals against the issue of certificates under section 97A of the Nationality, Immigration and Asylum Act 2002 (c.41) (inserted by section 7 of the Immigration, Asylum and Nationality Act 2006 (c.13)) (rules 5 to 7);

• provide for an early directions hearing to take place (rules 4, 8, 18 and 25);

• require the Secretary of State to file and serve exculpatory material (rules 2, 9 and 10);

• provide for the filing and service of further material (rule 10);

• insert a provision on the withdrawal of appeals (rule 11);

• give the Commission power to strike out a notice of appeal or a reply (rules 11 and 26);

• amend the provision on abandonment of appeals consequential on an amendment to section 104 of the Nationality, Immigration and Asylum Act 2002 by section 9 of the Immigration, Asylum and Nationality Act 2006 (rule 12);

• clarify the provision on time limits for seeking permission to appeal (rule 15);

• make provision relating to electronic monitoring as a condition of bail under section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19) (rule 17);

• amend the provision on the representation of parties consequential on the repeal of section 110 of the Nationality, Immigration and Asylum Act 2002 by section 10 of the Immigration, Asylum and Nationality Act 2006 (rule 19);

• permit a special advocate to adduce evidence and cross-examine witnesses (rule 20 and 27);

• amend the provisions on communications by special advocates and closed material (rules 21 to 23);

• make provision about redacting material (rules 22 and 24);

• make provision about hearing related pending appeals together (rule 28);

• permit a special advocate to apply to amend determinations and amend the rule on applications by the Secretary of State to amend determinations (rules 29, 30 and 34);

• make minor amendments to the rules on filing, service and signature of documents (rules 31 to 33).

A regulatory impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.