The Special Immigration Appeals Commission (Procedure) Rules 2003 No. 1034

PART 1U.K.INTRODUCTION

InterpretationU.K.

2.—(1) In these Rules—

[F1“1981 Act” means the British Nationality Act 1981;]

“the 1997 Act” means the Special Immigration Appeals Commission Act 1997(1);

F2...

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002(2);

[F3“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;]

[F3“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;]

[F4“the 2016 Act” means the Immigration Act 2016;]

[F5“the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;]

[F1“application by the Secretary of State under Schedule 4A to the 1981 Act” means an application by the Secretary of State to the Commission under paragraph 1(1), (2) or (6) or 2(5) of Schedule 4A to the 1981 Act to consider a decision of the Secretary of State to make a conducive grounds deprivation order without notice;]

“appellant” means a person appealing to the Commission [F6or, as the case may be, making an application to the Commission for review under section 2C [F7, 2D [F8, 2E or 2F]] of the 1997 Act], and in Part 7 is to be interpreted as additionally including—

(i)

in relation to applications for [F9bail, permission to appeal or a certificate under section 7B of the 1997 Act], the applicant; F10...

(ii)

F10...

[F11“application to the Commission for review under section 2C, 2D, 2E or 2F of the 1997 Act” means an application to the Commission under, as the case may be, subsection (2) of section 2C, 2D, 2E or 2F of the 1997 Act to set aside a decision to which that subsection applies, and, unless the contrary intention appears, “applying for review” and “application for review” are to be read accordingly;]

F12...

“chairman” means the chairman of the Commission;

“Commission” means the Special Immigration Appeals Commission;

[F1“conducive grounds deprivation order without notice” has the same meaning as in paragraph 3 of Schedule 4A to the 1981 Act;]

[F13“exculpatory material” means material which adversely affects the Secretary of State’s case or supports the appellant’s case;]

[F4“financial condition” has the meaning given in paragraph 5 of Schedule 10 to the 2016 Act;]

[F14“Immigration Acts” means the Acts referred to in [F15section 61(2) of the UK Borders Act 2007];]

“proceedings” means any appeal or application toF16... the Commission;

“relevant law officer” has the meaning given by section 6(2) of the 1997 Act;

F17...

“special advocate” means a person appointed under section 6(1) of the 1997 Act to represent the interests of a party to proceedings;

“United Kingdom Representative” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.

(2) In relation to an appeal to the Commission under section 2B of the 1997 Act(3) against a decision which was made by a person exercising the functions of the Secretary of State pursuant to section 43 of the British Nationality Act 1981(4), references in these Rules to the Secretary of State are to be read as if they referred to the person who made the decision.

Textual Amendments

F1Words in rule 2(1) inserted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 4(2); S.I. 2023/450, reg. 2(a)

F2Words in rule 2(1) omitted (7.5.2007) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 2(a) (with rule 35)

F3Words in rule 2(1) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 2(b) (with rule 35)

F4Words in rule 2(1) inserted (28.6.2018) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018 (S.I. 2018/736), rules 1(2), 2(a)

F5Words in rule 2 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(2)

F6Words in rule 2(1) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 2(a)

F7Words in rule 2(1) substituted (14.4.2015) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 2(a)

F8Words in rule 2(1) substituted (28.6.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022 (S.I. 2022/571), regs. 1(2), 2(2)(a)

F9Words in rule 2(1) substituted (28.6.2018) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018 (S.I. 2018/736), rules 1(2), 2(b)

F10Words in rule 2(1) omitted (7.5.2007) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 2(c) (with rule 35)

F11Words in rule 2(1) substituted (28.6.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022 (S.I. 2022/571), regs. 1(2), 2(2)(b)