The Special Immigration Appeals Commission (Procedure) Rules 2003

Directions hearing

9A

• (1) The Commission must, unless it orders otherwise, fix a directions hearing as soon as reasonably practicable after notice of appeal or notice of application for review is filed under rule 7, at which the parties and their representatives, and any special advocate, may be present.

• (2) At a directions hearing the Commission may give directions as to the order in which, and the time within which, the following documents are to be filed and served—

• (a) the statement and any material to be filed by the Secretary of State under rule 10(1);

• (b) any statement to be filed and served by the appellant under rule 10A(1);

• (c) any application to be made by the appellant or the special advocate under rule 10A(5);

• (d) any statement or material to be filed under rule 10A(2) or pursuant to a direction under rule 10A(7), or served under rule 10A(8), by the Secretary of State;

• (e) closed material, to be served by the Secretary of State on the special advocate under rule 10(4), 10A(8)(a) or 37(3);

• (f) any reply by the special advocate under rule 38(4)(a) to any objection by the Secretary of State to disclosure;

• (g) any response by the Secretary of State under rule 38(4)(b) to the special advocate’s reply;

• (h) any skeleton arguments on behalf of the parties and the special advocate.

• (3) The Commission may also give directions as to the date of—

• (a) any hearing of an application for bail under Part 6 of these Rules;

• (b) any hearing under rule 38;

• (c) the hearing of the appeal or application for review under rule 12.

Secretary of State’s reply

Further material

10A

• (A1) This rule does not apply to an application to the Commission for review under section 2C , 2D , 2E or 2F of the 1997 Act.

• (1) Where the appellant wishes to rely on evidence in support of his appeal, he must file with the Commission and serve on the Secretary of State and on any special advocate a statement of that evidence.

• (2) Where the appellant serves a statement under paragraph (1), the Secretary of State must—

• (a) make a reasonable search for exculpatory material;

• (b) notify the appellant of the extent of that search, subject to paragraph (4);

• (c) file with the Commission any exculpatory material; and

• (d) if he wishes to rely on further evidence, file with the Commission a statement of that evidence.

• (3) The factors relevant in deciding the reasonableness of a search include the following—

• (a) the number of documents involved;

• (b) the nature and complexity of the proceedings;

• (c) whether the documents are in the control of the Secretary of State;

• (d) the ease and expense of retrieval of any particular document;

• (e) the significance of any document which is likely to be located during the search.

• (4) Where the Secretary of State considers that the disclosure of particular information in the notification under paragraph (2)(b) would be contrary to the public interest, he must—

• (a) omit that information from the notification to be served on the appellant; and

• (b) serve a copy of the notification, including that information, on the special advocate.

• (5) Both the appellant and any special advocate may apply to the Commission for a direction requiring the Secretary of State to file further information about his case, or other information.

• (6) An applicant under paragraph (5) must indicate why the information sought is necessary for the determination of the appeal.

• (7) The Commission may make a direction on an application under paragraph (5) where it considers that the information sought—

• (a) is necessary for the determination of the appeal; and

• (b) may be provided without disproportionate cost, time or effort.

• (8) The Secretary of State must serve a copy of any statement or material filed under paragraph (2) or of information filed pursuant to a direction under paragraph (7), at the same time as filing it, on—

• (a) any special advocate; and

• (b) the appellant, unless he objects to the disclosure of the statement, material or information to the appellant or his representative.

• (9) Where the Secretary of State objects to any such disclosure, rules 37 and 38 apply.

• (10) Any duty to file material or a statement of evidence continues until the appeal has been determined.

• (11) Where material or a statement to which that duty extends comes to a party’s attention before the appeal has been determined, he must immediately—

• (a) file it with the Commission; and

• (b) serve it on the other party and on any special advocate, except that paragraphs (8) and (9) apply to that material or statement as they apply to the material and statement referred to in those paragraphs.

Variation of grounds of appeal

Withdrawal of appeal

11A

• (1) An appellant may withdraw an appeal or application for review—

• (a) orally, at a hearing; or

• (b) at any time, by filing written notice with the Commission.

• (2) An appeal or application for review shall be treated as withdrawn if the Secretary of State notifies the Commission that the decision to which the appeal or application for review relates has been withdrawn.

• (3) If an appeal or application for review is withdrawn or treated as withdrawn, the Commission must serve on the parties and on any special advocate a notice that the appeal or application for review has been recorded as having been withdrawn.

Striking out

11B

The Commission may strike out—

• (a) a notice of appeal, a notice of application for review or a reply by the Secretary of State, if it appears to the Commission that it discloses no reasonable grounds for bringing or defending the appeal or for seeking or opposing the application for review, as the case may be; or

• (b) a notice of appeal or a notice of application for review, if it appears to the Commission that it is an abuse of the Commission’s process.

Hearing of appeal

Other redactions

38A

In any proceedings before the Commission, where the Secretary of State serves on the appellant any statement or material which he has redacted on grounds other than those of legal professional privilege, he must—

• (a) notify the appellant that the statement or material has been redacted and on what grounds it has been redacted; and

• (b) file the statement or material with the Commission in an unredacted form, together with an explanation of the redactions.

Directions

Failure to comply with directions

Notification of hearing

Adjournment of hearing

Hearings in private

Evidence

Summoning of witnesses

Hearing two or more proceedings together

Giving of determination

Application by Secretary of State to amend determination etc.

Filing and service of documents

Address for service

Calculation of time

Signature of documents

Errors of procedure

Correction of orders and determinations

Interpreters

43A

An appellant is entitled to the services of an interpreter for bringing his appeal or application for review—

• (a) when giving evidence; and

• (b) in such other circumstances as the Commission considers necessary.

Evidence

Summoning of witnesses

Hearing two or more proceedings together

Giving of determination

Application by Secretary of State to amend determination etc.

Filing and service of documents

Address for service

Calculation of time

Signature of documents

Errors of procedure

Correction of orders and determinations

Starting an appeal or application for review

Time limit for appealing or for applying for review

Contents of notice of appeal or notice of application for review

Secretary of State’s reply to an appeal

Further material in relation to an appeal

Secretary of State’s reply to an application for review

10B

• (1) Where the Secretary of State intends to oppose an application for review, he must file with the Commission—

• (a) a statement of the evidence on which he relies in opposition to the application for review; and

• (b) material relevant to the issues in the application for review.

• (2) Unless the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, he must serve a copy of the statement and material, or as much of the statement and material as he does not object to disclosing to the appellant or his representative, on the appellant at the same time as filing it.

• (3) Where the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, rules 37 and 38 shall apply in respect of the statement and material, or the part thereof which the Secretary of State objects to disclosing to the appellant or his representative.

• (4) Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement and material filed under paragraph (1).

Variation of grounds of appeal or application for review

Withdrawal of appeal or application for review

Striking out

Hearing of appeal or application for review

Repeat applications for bail

30A

• (1) Where the Commission has decided not to release a person on bail under Schedule 10 to the 2016 Act, the Commission must dismiss any further application by the person for release on bail that is made during the period of 28 days starting with the date of the Commission’s decision, unless the Commission determines that there has been a material change in circumstances.

• (2) The Commission may determine whether there has been a material change in circumstances without a hearing.

Application of this Part to Scotland

Application for a certificate under section 7B

27A

• (1) An application for a certificate under section 7B of the 1997 Act must be made by filing with the Commission an application in writing.

• (2) Subject to paragraph (3), the applicant must file any application for a certificate with the Commission not later than 14 days after being served with the Commission’s determination under rule 47(3).

• (3) The Commission may accept an application filed after the expiry of the relevant period in paragraph (2) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.

• (4) The application must—

• (a) state the grounds on which the applicant believes the conditions in subsection (4) or (5) of section 7B of the 1997 Act are met; and

• (b) be signed by the applicant or their representative, and dated.

• (5) The applicant must serve a copy of the application notice on every other party.

• (6) When an applicant files the application for a certificate with the Commission, the applicant must on the same day also file with the Commission an application for leave to appeal under rule 27.

• (7) On receipt of an application for a certificate the Commission must first decide that application before deciding the application for leave to appeal.

• (8) The Commission may decide an application for a certificate without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.

Power to vary bail conditions

30B

• (1) Subject to paragraph (2), where bail is granted by the Commission, the Commission may direct that the Secretary of State has the power to amend or remove bail conditions or impose new bail conditions.

• (2) The Commission may not give a direction under paragraph (1) without first giving the person being granted bail and any other person subject to a financial condition an opportunity to make representations.

• (3) Where the Commission has made a direction under paragraph (1), it may not amend or remove bail conditions or impose new bail conditions in relation to the person who has been granted bail.

Application of this Part to Scotland

PART4A — Applications to the Commission by the Secretary of State under Schedule 4A to the 1981 Act

Scope

25A

This Part applies to an application by the Secretary of State under Schedule 4A to the 1981 Act.

Contents of application

25B

• (1) The application must set out the following information.

• (2) The following information about the person who is the subject of the relevant conducive grounds deprivation order—

• (a) the person’s name,

• (b) the person’s date of birth,

• (c) the person’s nationality or nationalities, and

• (d) the relevant Home Office reference.

• (3) If any of the information mentioned in paragraph (2)(a) to (d) is not known to the Secretary of State, the Secretary of State does not have to provide that information.

• (4) Whether the application relates to a conducive grounds deprivation order—

• (a) which the Secretary of State proposes to make, or

• (b) which the Secretary of State has made.

• (5) If the application relates to a conducive grounds deprivation order which the Secretary of State has made, the date on which that order was made.

• (6) If the application is for fresh consideration of a decision the Secretary of State has made, pursuant to paragraph 1(6) of Schedule 4A to the 1981 Act, the date of the Commission’s previous determination relating to that decision and whether—

• (a) in the opinion of the Secretary of State, circumstances have changed materially since that previous determination, or

• (b) the Secretary of State wishes to provide further evidence to the Commission.

• (7) Whether the application is made pursuant to paragraph 2(5) of Schedule 4A to the 1981 Act (expiry of final review period).

• (8) The grounds for the Secretary of State’s decision by reference to—

• (a) section 40(5A)(a) (the Secretary of State does not have the information needed to be able to give the notice),

• (b) section 40(5A)(b)(i) (national security),

• (c) section 40(5A)(b)(ii) (the investigation or prosecution of organised or serious crime),

• (d) section 40(5A)(b)(iii) (preventing or reducing a risk to the safety of any person), or

• (e) section 40(5A)(b)(iv) (the relationship between the United Kingdom and another country).

Variation of application

25C

The Secretary of State may do any of the following by filing written notice with the Commission—

• (a) vary the grounds for the Secretary of State’s decision (see rule 25B(8));

• (b) file new documents in support of the Secretary of State’s decision;

• (c) amend, add to or withdraw any document filed in support of the Secretary of State’s decision.

Withdrawal of application

25D

The Secretary of State may withdraw an application by filing written notice to the Commission.

Determinations on paper

25E

• (1) The Commission must determine the application on paper without a hearing before the Commission.

• (2) The Commission must determine the application no later than 14 days after the Commission receives the application.

• (3) Where the Secretary of State varies an application under rule 25C, the Commission may fix a new date within which the Commission must determine the application, being no later than 14 days after the Commission receives notice of the variation.

• (4) The Commission must notify the Secretary of State in writing of any new date fixed in accordance with paragraph (3).