Special Immigration Appeals Commission Act 1997

[^key-33e35857254d760bb1991a0b24aa5db2]: Words in s. 6A(2)(b) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 26(4)(c)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

[^key-80e5f9846ad352160b2bfb48f988e5cd]: S. 9(3) modified (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 51(8), 52(5)

[^key-e7765af2a1c2243cdb5f08e55c09e650]: Words in s. 2D(1)(a)(i) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 47, 52(5)

[^key-a53b14bd4f258f7f1792eadb9bc3978e]: S. 2E inserted (6.4.2015) by Immigration Act 2014 (c. 22), ss. 18, 75(3); S.I. 2015/371, art. 4(a)

[^key-33a28fd3d97266f1f3dfcb0524927065]: S. 9(3) power to extend (with modifications) (Channel Islands or Isle of Man) any amendments or repeals made to this Act by 2016 c. 19, to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(c)

[^key-5b5f57637391530c21695d2b9a10cb9e]: Words in s. 2(2)(a) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 64(2), 94(1) (with s. 64(5)); S.I. 2016/1037, reg. 5(h)

[^key-940c6b3cd351b7b9d5f616b8f87e80b8]: Words in s. 3(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 23; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[^key-1a6c77f5571faa1a3bb81fe1afdd8d90]: Words in s. 5(5A) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(4)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[^key-523a6994cf277a0f96f83a63cebddbba]: Words in s. 5(5A) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(4)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[^key-81d14ef63b662db152eed0a7a68cedc2]: Words in s. 5(4)(a) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[^key-960f3ccc4fc1410c8f617c24310e62c3]: Words in s. 5(5) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 24(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[^key-3b3aa0614c6b42665a26b01d158b96a4]: Ss. 7B-7D inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(2), 95(1); S.I. 2018/732, art. 2 (with art. 3)

[^key-638c41767330ff85daa1a61b15632dc2]: Words in s. 1(4) inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(3), 95(1); S.I. 2018/732, art. 2 (with art. 3)

[^key-a1f3eef49747ceddcf86d3e97a2a2a8a]: Words in s. 7(3) inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(4), 95(1); S.I. 2018/732, art. 2 (with art. 3)

[^key-ba02974e23d4bea0fe63d3597441dca7]: Word in s. 8 heading inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(6), 95(1); S.I. 2018/732, art. 2 (with art. 3)

[^key-5227cf262b6ae96fe15eadb6131c21a9]: Words in s. 8(1) inserted (28.6.2018) by Criminal Justice and Courts Act 2015 (c. 2), ss. 66(5)(a), 95(1); S.I. 2018/732, art. 2 (with art. 3)

[^key-945efc71bd781f76903ceeebf66db8ab]: Words in s. 8(2) omitted (28.6.2018) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 66(5)(b), 95(1); S.I. 2018/732, art. 2 (with art. 3)

[^key-85ec4025a68969d7db197fe12e2cfa26]: Act applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), Sch. 1 para. 4 (as amended (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), reg. 7(1))

[^key-2e8bf423486f73851f887daf920e882d]: S. 5 applied (with modifications) (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), regs. 1(2), 15(11)(12)

[^key-260b998a3eefdfd5ad3cb594e867ea8d]: S. 6 applied (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), regs. 1(2), 15(11)

[^key-52c75c33e698f445cad55022512d6423]: Word in s. 2C(1) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 11(2)(a)

[^key-f3c68961f3bf7a7c6d6de5722af106b4]: Word in s. 2C(2) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 11(2)(a)

[^key-8f0a5173a19bd9cc527171d9989cda49]: Words in s. 2C(5) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 11(2)(b)

[^key-1b9868d270d5524c0daeb05fc6355791]: S. 9(3) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(d), 87(3)(c)

[^key-a1400bb301295746da19a44469c07705]: S. 7(1A) modified (temp.) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(4)(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-0dfe1060c44c94be44947c37a7cb2e03]: Act: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82, 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29

[^key-d583766c0cf114af0bb021b814401d8f]: S. 2F inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-10cf7547824c3c4a849693cc3befbc20]: Word in s. 6A heading substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(3)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-ac9168f2a94b11631ca2925d842029d3]: Words in s. 6A(1) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(3)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-f74228193575dca4c902408645ed24a1]: Words in s. 6A(2)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(3)(c), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-23e20469fe83599ef61477aa9b10bf5e]: Words in s. 6A(2)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(3)(d), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-b602a26fa9c9bc167e1ba6a8efb827f7]: Words in s. 7(1A) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 77(4)(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 27

[^key-6c732a432d7821e8e1f90a9c07009240]: Sch. 3 substituted (15.1.2018 for specified purposes, 31.8.2021 for E.W. in so far as not already in force, 31.8.2022 for S.N.I. in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 25; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2); S.I. 2021/939, reg. 2(b) (with Sch. para. 1, 2); S.I. 2022/863, regs. 1(2), 2(b)

[^key-4626a5dcae99f684345f4ae0e3f4f8ea]: S. 6B inserted (18.11.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022 (S.I. 2022/1209), regs. 1(2), 2(3)

[^key-28a5bd8812433d5fa853087c019e701e]: Words in s. 1(1) inserted (18.11.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022 (S.I. 2022/1209), regs. 1(2), 2(2)

[^key-c1815562779b6b76511667fd5b8ca8b8]: S. 7(1B) inserted (18.11.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022 (S.I. 2022/1209), regs. 1(2), 2(4)

2C

• (1) Subsection (2) applies in relation to any direction about the exclusion of a person 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 person 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 person 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) ... References in this section to the Secretary of State are to the Secretary of State acting in person.

2D

• (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 or 18 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.

6A

• (1) Sections 5 and 6 apply in relation to reviews under section 2C , 2D , 2E or 2F as they apply in relation to appeals under section 2 or 2B.

• (2) Accordingly—

• (a) references to appeals are to be read as references to reviews (and references to appeals under section 2 or 2B are to be read as references to reviews under section 2C , 2D , 2E or 2F), and

• (b) references to an appellant are to be read as references to an applicant under section 2C(2) , 2D(2) , 2E(2) or (as the case may be) 2F(2).

2E

• (1) Subsection (2) applies in relation to a relevant deportation decision which has been certified under section 97 or 97A(1) of the Nationality, Immigration and Asylum Act 2002 (certification on grounds of national security etc).

• (2) The person 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.

• (5) In this section “relevant deportation decision” means a decision of the Secretary of State about the deportation of a person from the United Kingdom, if and to the extent that—

• (a) the decision is not subject to a right of appeal, or

• (b) the decision (being subject to a right of appeal) gives rise to issues which may not be raised on such an appeal.

9

Paragraph 10(10) (meaning of “relevant authority”) has effect as if for “the First-tier Tribunal” in both places there were substituted “ the Special Immigration Appeals Commission ”.

7B

• (1) If the Special Immigration Appeals Commission is satisfied that—

• (a) the conditions in subsection (4) or (5) are fulfilled in relation to a final determination to which section 7(1) or (1A) applies, and

• (b) in respect of that final determination, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 7C,

the Commission may grant a certificate to that effect.

• (2) The Commission may grant a certificate under this section only on an application made by a party to the appeal or review to which the final determination relates.

• (3) The Commission may not grant a certificate under this section if the final determination is made by the Commission in Scotland.

• (4) The conditions in this subsection are that a point of law of general public importance is involved in the final determination and that point of law is—

• (a) a point of law that—

• (i) relates wholly or mainly to the construction of an enactment or statutory instrument, and

• (ii) has been fully argued in the proceedings on the appeal or review to which the final determination relates and fully considered in the judgment of the Commission, or

• (b) a point of law—

• (i) in respect of which the Commission is bound by a decision of the appropriate appeal court or the Supreme Court in previous proceedings, and

• (ii) that was fully considered in the judgments given by the appropriate appeal court or, as the case may be, the Supreme Court in those previous proceedings.

• (5) The conditions in this subsection are that a point of law of general public importance is involved in the final determination and that—

• (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,

• (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Commission, a hearing by the Supreme Court is justified, or

• (c) the Commission is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.

• (6) No appeal lies against the grant or refusal of a certificate under subsection (1).

7C

• (1) If the Special Immigration Appeals Commission grants a certificate under section 7B in relation to a final determination, a party to the appeal or review to which the final determination relates may apply to the Supreme Court for permission to appeal directly to the Supreme Court.

• (2) An application under subsection (1) must be made—

• (a) within one month from the date on which that certificate is granted, or

• (b) within such time as the Supreme Court may allow in a particular case.

• (3) If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal.

• (4) If permission is granted under this section—

• (a) no appeal from the final determination to which the certificate relates lies to the appropriate appeal court, but

• (b) an appeal lies from that determination to the Supreme Court.

• (5) An application under subsection (1) is to be determined without a hearing.

• (6) Subject to subsection (4), no appeal lies to the appropriate appeal court from a final determination of the Commission in respect of which a certificate is granted under section 7B until—

• (a) the time within which an application can be made under subsection (1) has expired, and

• (b) where such an application is made, that application has been determined in accordance with this section.

7D

• (1) No certificate may be granted under section 7B in respect of a final determination of the Special Immigration Appeals Commission where, by virtue of any enactment (other than sections 7B and 7C), no appeal would lie from that decision of the Commission to the appropriate appeal court, with or without the leave or permission of the Commission or the appropriate appeal court.

• (2) No certificate may be granted under section 7B in respect of a final determination of the Commission where, by virtue of any enactment, no appeal would lie from a decision of the appropriate appeal court on that determination of the Commission to the Supreme Court, with or without the permission or leave of the appropriate appeal court or the Supreme Court.

• (3) Where no appeal would lie to the appropriate appeal court from a final determination of the Commission except with the leave or permission of the Commission or the appropriate appeal court, no certificate may be granted under section 7B in respect of a final determination unless it appears to the Commission that it would be a proper case for granting leave to appeal to the appropriate appeal court.

• (4) No certificate may be granted under section 7B in respect of a decision or order of the Commission made by it in the exercise of its jurisdiction to punish for contempt.

2F

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

• (a) relates to a person’s entitlement to enter, reside in or remain in the United Kingdom, or to a person’s removal from the United Kingdom,

• (b) is not subject—

• (i) to a right of appeal, or

• (ii) to a right under a provision other than subsection (2) to apply to the Special Immigration Appeals Commission for the decision to be set aside, and

• (c) is certified by the Secretary of State acting in person 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 person 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.

6B

• (1) The Lord Chancellor may make rules—

• (a) in relation to applications under paragraph 1(1), (2) or (6) or paragraph 2(5) of Schedule 4A to the British Nationality Act 1981 (deprivation of citizenship without notice),

• (b) for prescribing the practice and procedure to be followed on or in connection with applications under those paragraphs, including the mode and burden of proof and admissibility of evidence on such applications, and

• (c) for other matters preliminary or incidental to or arising out of such applications, including proof of the decisions of the Special Immigration Appeals Commission.

• (2) Rules under this section may, in particular, do anything which may be done by Tribunal Procedure Rules.

• (3) Rules under this section may make provision—

• (a) enabling any functions of the Commission which relate to an application under a provision mentioned in subsection (1)(a) to be performed by a single member of the Commission, or

• (b) conferring on the Commission such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.

• (4) In making rules under this section, the Lord Chancellor must have regard, in particular, to—

• (a) the need to secure that decisions which are the subject of applications are properly reviewed, and

• (b) the need to secure that information is not disclosed contrary to the public interest.

• (5) The power to make rules under this section is exercisable by statutory instrument.

• (6) No rules may be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament.