Article 8 Appeals by way of case stated to the Court of Appeal

Order 61^f1 shall be amended by adding at the end the following rules—

“Application for leave to appeal to the Court of Appeal from the Special Immigration Appeals Commission

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(1)

An application for leave to appeal to the Court of Appeal under section 7 of the Special Immigration Appeals Commission Act 1997^f2 shall be made within 28 days of the date of the Special Immigration Appeals Commission’s decision to refuse leave to appeal.

(2)

Such an application shall be made ex parte by lodging the following documents in the Central Office, namely:

(a)

a certified copy of the Commission’s decision to refuse to grant leave to appeal; and

(b)

a statement of the grounds of the application.

(3)

The proper officer shall notify the parties of the determination of the Court of Appeal.

(4)

Where leave to appeal has been granted the applicant shall notify the Chairman of the Commission.

Appeal from the Special Immigration Appeals Commission

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(1)

Where leave to appeal to the Court of Appeal under section 7 of the Special Immigration Appeals Commission Act 1997 has been granted by the Special Immigration Appeals Commission, or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.

(2)

On entering the appeal for hearing a copy of the order granting leave to appeal by the Commission or by the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.”.