The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013

These rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 and come into force on the day after the day on which they are made.

In these Rules, a reference to a rule by number alone means the rule so numbered in the Special Immigration Appeals Commission (Procedure) Rules 2003^f1.

in the definition of “appellant”^f1, after “the Commission”, insert—

“or, as the case may be, making an application to the Commission for review under section 2C or section 2D of the 1997 Act”^f2;

after the definition of “appellant”, insert—

• ““application to the Commission for review under section 2C or section 2D of the 1997 Act” means an application to the Commission under subsection 2C(2) of the 1997 Act to set aside a direction to which that subsection applies, or an application to the Commission under subsection 2D(2) of the 1997 Act to set aside a decision to which that subsection applies, and, unless the contrary intention appears, “applying for review” and “application for review” are to be read accordingly;”.

in sub-paragraph (a), after “appealing” insert “or applying for review”;

in sub-paragraph (b), after “appeal” insert “or review”.

after paragraph (1), insert—

“(1A)

An application to the Commission for review under the 1997 Act must be made by giving notice of application in accordance with these Rules.”;

in paragraph (2), after “appeal” insert “or notice of application for review”;

in paragraph (3), after “appeal” insert “or notice of application for review”;

in paragraph (4), after “appeal” insert “or notice of application for review”;

in paragraph (5), after “appeal” insert “or notice of application for review”.

in paragraph (1), after “the 2002 Act” insert “or a notice of application for review under the 1997 Act”;

in sub-paragraph (1)(a) after “appeal” insert “or direction or decision in respect of which he wishes to apply for review”;

in sub-paragraph (1)(b) after “appeal” insert “or direction or decision in respect of which he wishes to apply for review”;

after paragraph (4), insert—

“(4A)

Where a person is served with notice of certification under section 2C(1)(a) or section 2D(1)(b) of the 1997 Act, the date from which the time limit for giving a notice of application for review under paragraph (1) begins is the later of the following—

(a)

the date he is served with that notice of certification; or

(b)

the date on which this paragraph came into force.”.

after paragraph (1), insert—

“(1A)

The notice of application for review must—

(a)

specify, by reference to the principles which would be applied in an application for judicial review, the grounds for applying for a review;

(b)

give reasons in support of those grounds; and

(c)

specify the order or relief sought.”;

in paragraph (2), after “appeal” insert “or application for review”;

in paragraph (3), after “appeal” insert “or application for review”;

in paragraph (4), after “appeal” at each place, insert “or application for review”;

in paragraph (5), after “appeal” insert “or application for review”.

in paragraph (1), after “appeal” insert “or notice of application for review”;

in sub-paragraph (3)(c), after “appeal” insert “or application for review”.

in paragraph (1), after “appeal” insert “or application for review”;

in paragraph (2), after “appeal” insert “or application for review”.

in paragraph (1), after “appeal” insert “or application for review”;

in paragraph (2), after “appeal” in both places, insert “or application for review”;

in paragraph (3), after “appeal” in both places, insert “or application for review”.

after “Every appeal” insert “and every application for review”;

after paragraph (a), insert—

“(aa)

the application for review is withdrawn by the appellant;”;

for paragraph (b), substitute—

“(b)

the Secretary of State consents to—

(i)

the appeal being allowed; or

(ii)

the granting of the order or the relief sought in an application for review; or”.

for paragraph (1), substitute—

“(1)

In this rule, “closed material” means material which the Secretary of State would otherwise be required to disclose to the appellant or his representative under rule 10, 10A or 10B, but which the Secretary of State objects to disclosing to the appellant or his representative.”;

in paragraph (3), for “10(2) or 10A(8)”, substitute “10(2), 10A(8) or 10B(2)”.

in sub-paragraph (1)(c)(i), after “appeal” insert “or application for review”;

in sub-paragraph (1)(c)(ii), after “appeal” insert “, notice of application for review”;

after paragraph (2), insert—

“(3)

Where the Commission has struck out a notice of appeal, notice of application for review or the Secretary of State’s reply under paragraph (1)(c)(ii), it may subsequently reinstate the notice or reply if it is satisfied that circumstances outside the control of the appellant or the Secretary of State (as the case may be) made it impracticable for the appellant or the Secretary of State to comply with the direction.”.