Explanatory note

These Rules amend the Special Immigration Appeals Commission (Procedure) Rules 2003 (S.I. 2003/1034) (“the 2003 Rules”) as a consequence of amendments to the Special Immigration Appeals Commission Act 1997 (c. 68) (“the 1997 Act”) made by the Immigration Act 2014 (c. 22) (“the 2014 Act”).

Section 18 of the 2014 Act inserted section 2E into the 1997 Act. Under section 2E, a person may apply to the Special Immigration Appeals Commission (“SIAC”) to set aside a decision which the Secretary of State has made about the deportation of the person from the United Kingdom, if and to the extent that the decision is not subject to a right of appeal, or the decision (being subject to a right of appeal) gives rise to issues which may not be raised on such an appeal. These Rules ensure that the 2003 Rules provide procedures for applications for review to SIAC under section 2E(2) of the 1997 Act.

Paragraph 10(2) of Schedule 9 to the 2014 Act amended section 5 of the 1997 Act (procedure in relation to SIAC’s jurisdiction on appeals and bail) by inserting new subsection (5A). Subsection (5A) provides that rules under section 5 must secure that, where SIAC has decided not to release a person on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971, SIAC is required to 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 SIAC’s decision, unless there has been a material change in circumstances. These Rules make provision accordingly, and provide that when considering whether there has been a material change in circumstances, SIAC does not need to hold a hearing.