Paragraph 1 Deprivation without notice: application to Special Immigration Appeals CommissionF1

(1)

If the Secretary of State proposes to make a conducive grounds deprivation order without notice, the Secretary of State may apply to the Special Immigration Appeals Commission under this paragraph.

(2)

If the Secretary of State makes a conducive grounds deprivation order without notice, the Secretary of State must apply to the Special Immigration Appeals Commission under this paragraph within the period of seven days beginning with the day on which the order is made (unless an application has already been made under sub-paragraph (1)).

(3)

The function of the Commission on an application under this paragraph is to determine whether, in respect of each condition in section 40(5A) on which the Secretary of State relies, the Secretary of State’s view is obviously flawed.

(4)

In determining that question, the Commission must apply the principles that would be applicable on an application for judicial review.

(5)

If the Commission determines that the Secretary of State’s view is obviously flawed in respect of each condition in section 40(5A) on which the Secretary of State relies—

(a)

if the order in question has not been made, section 40(5) applies in relation to the order (notwithstanding section 40(5A));

(b)

if the order has been made, the Secretary of State must, within the period of 14 days beginning with the day on which the Commission made the determination—

(i)

give late notice in respect of the order,

(ii)

revoke the order, or

(iii)

make an application under sub-paragraph (6).

(6)

The Secretary of State may (at any time) make an application to the Special Immigration Appeals Commission for fresh consideration of a decision the Secretary of State has made under section 40(5A) where—

(a)

in the opinion of the Secretary of State, circumstances have changed materially since the determination mentioned in sub-paragraph (5), or

(b)

the Secretary of State wishes to provide further evidence to the Commission.

Sub-paragraphs (3) to (5) apply to an application under this sub-paragraph.

Annotations

Textual amendments

F1: Sch. 4A inserted (10.5.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 2; S.I. 2023/450, reg. 2(b)