The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2018

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) (“the 2003 Rules”) as a consequence of the commencement of—

• section 66 of the Criminal Justice and Courts Act 2015 (c. 2) which inserts new sections 7B-7D in the Special Immigration Appeals Commission Act 1997 (“the 1997 Act”) which enable ‘leapfrog’ appeals directly from the Special Immigration Appeals Commission (“the Commission”) to the Supreme Court; and

• the immigration bail provisions in Schedule 10 to the Immigration Act 2016 (c. 19) (“the 2016 Act”).

Sections 7B-7D of the 1997 Act provide that the Supreme Court’s permission can be sought for an appeal directly to the Supreme Court from a decision of the Commission (bypassing the Court of Appeal) if the Commission grants a certificate on an application by the prospective appellant.

Schedule 10 to the 2016 Act replaces the previous framework of temporary admission, temporary release, release on restrictions, and bail with a single power of immigration bail. The new single power introduces a concept of the financial condition which replaces recognizances (in England, Wales, and Northern Ireland) and bail bonds (in Scotland). The provisions of Schedule 10 are applied to the Commission with some modifications by virtue of Schedule 3 to the 1997 Act (which was substituted by paragraph 25 of Schedule 10).

The amendments set out in these Rules ensure that the 2003 Rules can accommodate applications for a certificate under section 7B of the 1997 Act. The amendments also change the time limit for making an application for permission to appeal. Any party who wishes to apply for a certificate under section 7B and/or permission to appeal must do so within 14 days.

The amendments also ensure that the 2003 Rules reflect and remain consistent with the provisions of Schedule 10 to the 2016 Act.

No impact assessment has been carried out for these amendments as no, or no significant, impact on the private, voluntary or public sectors is foreseen.