Article 15 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

For rule 27(2), substitute—

“(2)

Subject to paragraph (2B), the appellant must file any application for permission to appeal with the Commission—

(a)

if he is in detention under the Immigration Acts when he is served with the Commission’s determination, not later than 5 days after he is so served; and

(b)

otherwise, not later than 10 days after he is so served.

(2A)

Subject to paragraph (2B), the Secretary of State must file any application for permission to appeal with the Commission—

(a)

where he makes an application under rule 48(3), no later than 10 days after—

(i)

the day of the hearing of the application, or

(ii)

where there is no hearing, the day on which he received notification of the decision on the application; or

(b)

where he does not make such an application, no later than 15 days after the day on which he received the determination containing the decision.

(2B)

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