The Special Immigration Appeals Commission (Procedure) Rules 2003

In these Rules—

• F1“1981 Act” means the British Nationality Act 1981;

• “the 1997 Act” means the Special Immigration Appeals Commission Act 1997^f1;

• F2...

• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002^f2;

• F3“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;

• “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

• F4“the 2016 Act” means the Immigration Act 2016;

• F5“the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;

• “application by the Secretary of State under Schedule 4A to the 1981 Act” means an application by the Secretary of State to the Commission under paragraph 1(1), (2) or (6) or 2(5) of Schedule 4A to the 1981 Act to consider a decision of the Secretary of State to make a conducive grounds deprivation order without notice;

• “appellant” means a person appealing to the Commission F6or, as the case may be, making an application to the Commission for review under section 2C F7, 2D F8, 2E or 2F of the 1997 Act, and in Part 7 is to be interpreted as additionally including—

  1. (i)

     in relation to applications for F9bail, permission to appeal or a certificate under section 7B of the 1997 Act, the applicant; F10...

  2. (ii)

     ...

• F11“application to the Commission for review under section 2C, 2D, 2E or 2F of the 1997 Act” means an application to the Commission under, as the case may be, subsection (2) of section 2C, 2D, 2E or 2F 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;

• F12...

• “chairman” means the chairman of the Commission;

• “Commission” means the Special Immigration Appeals Commission;

• “conducive grounds deprivation order without notice” has the same meaning as in paragraph 3 of Schedule 4A to the 1981 Act;

• F13“exculpatory material” means material which adversely affects the Secretary of State’s case or supports the appellant’s case;

• “financial condition” has the meaning given in paragraph 5 of Schedule 10 to the 2016 Act;

• F14“Immigration Acts” means the Acts referred to in F15section 61(2) of the UK Borders Act 2007;

• “proceedings” means any appeal or application toF16... the Commission;

• “relevant law officer” has the meaning given by section 6(2) of the 1997 Act;

• F17...

• “special advocate” means a person appointed under section 6(1) of the 1997 Act to represent the interests of a party to proceedings;

• “United Kingdom Representative” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.

In relation to an appeal to the Commission under section 2B of the 1997 Act^f3 against a decision which was made by a person exercising the functions of the Secretary of State pursuant to section 43 of the British Nationality Act 1981^f4, references in these Rules to the Secretary of State are to be read as if they referred to the person who made the decision.

appeals to the Commission;

applications to the Commission for review under section 2C F2, 2D F3, 2E or 2F of the 1997 Act;

applications to the Commission for a certificate under section 7B of the 1997 Act ;

applications by the Secretary of State under Schedule 4A to the 1981 Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

applications to the Commission for leave to appeal to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland; and

applications to the Commission for bail.

When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Where these Rules require information not to be disclosed contrary to the public interest, that requirement is to be interpreted in accordance with paragraph (1).

Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to determine proceedings.

The powers of the Commission under the following provisions of these Rules may be exercised by the chairman or by any other member of the Commission who falls within paragraph 5(a) or (b) of Schedule 1 to the 1997 Act^f1—

Anything of an administrative nature which is required or permitted to be done by the Commission under these Rules may be done by a member of the Commission’s staff.

appeals to the Commission under section 2 or 2B of the 1997 Act and section 97A(3) of the 2002 Act; F2...

appeals to the Commission under regulation 7 of the 2020 Regulations; and

applications to the Commission for review under section 2C F4, 2D F5, 2E or 2F of the 1997 Act.

An appeal to the Commission under the 1997 Act F1or section 97A(3) of the 2002 Act F2or regulation 7 of the 2020 Regulations must be made by giving notice of appeal in accordance with these Rules.

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

Subject to paragraph (3), notice of appeal F4or notice of application for review must be given by filing it with the Commission.

A person who is in detention under the Immigration Acts F5... may give notice of appeal F6or notice of application for review either—

When a person files a notice of appeal F7or notice of application for review in accordance with paragraph (2), he must at the same time serve a copy of the notice and any accompanying documents on the Secretary of State.

Where notice of appeal F8or notice of application for review is given in accordance with paragraph (3)(b)—

Subject to the following paragraphs of this rule, a notice of appeal to the Commission under the 1997 Act F1, section 97A(3) of the 2002 Act or regulation 7 of the 2020 Regulations F2or a notice of application for review under the 1997 Act must be given—

Where the appellant—

a notice of appeal against the decision must be given not later than 28 days after his departure from the United Kingdom.

Paragraph (4) applies where—

Where this paragraph applies, a notice of appeal to the Commission against the decision which was the subject of the previous appeal must be given—

Where a person is served with notice of certification under section 2C(1)(a) F9, section 2D(1)(b) or section 2F(1)(c) 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—

Paragraph (4C) applies where—

Where this paragraph applies, A must give a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision—

Where A—

a notice of appeal against the original decision must be given not later than 28 days after A's departure from the United Kingdom.

In this rule—

• “appealable decision” has the meaning given in regulation 2 of the 2020 Regulations;

• F11“relevant rules” means—

  1. (a)

     F12Appendix AR(EU) and Appendix AR (administrative review) to the immigration rules,

  2. (b)

     the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (see regulations 21 to 23 of those Regulations).

The Commission may extend the time limits in this rule if satisfied that by reason of special circumstances it would be unjust not to do so.

The notice of appeal must set out the grounds for the appeal and give reasons in support of those grounds.

The notice of application for review must—

The notice of appeal F2or application for review must state the name and address of—

The notice of appeal F3or application for review must be signed by the appellant or his representative, and dated.

If the notice of appeal F4or application for review is signed by the appellant’s representative, the representative must certify in the notice of appeal or application for review that he has completed the notice of appeal or application for review in accordance with the appellant’s instructions.

The appellant must attach to the notice of appeal or application for review a copy of the notice of direction or decision against which he is appealing, or in respect of which he is applying for review, and any other document which was served on him containing reasons for that direction or decision.

The Commission must, unless it orders otherwise, fix a directions hearing as soon as reasonably practicable after notice of appeal F2or notice of application for review is filed under rule 7, at which the parties and their representatives, and any special advocate, may be present.

At a directions hearing the Commission may give directions as to the order in which, and the time within which, the following documents are to be filed and served—

The Commission may also give directions as to the date of—

This rule does not apply to an application to the Commission for review under section 2C F2, 2D F3, 2E or 2F of the 1997 Act.

Where the Secretary of State intends to oppose an appeal, he must file with the Commission—

Unless the Secretary of State objects to the statement being disclosed to the appellant or his representative, he must serve a copy of the statement of evidence on the appellant at the same time as filing it.

Where the Secretary of State objects to a statement filed under paragraph (1) being disclosed to the appellant or his representative, rules 37 and 38 shall apply.

Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement and material filed under paragraph (1).

This rule does not apply to an application to the Commission for review under section 2C F3, 2D F4, 2E or 2F of the 1997 Act.

Where the appellant wishes to rely on evidence in support of his appeal, he must file with the Commission and serve on the Secretary of State and on any special advocate a statement of that evidence.

Where the appellant serves a statement under paragraph (1), the Secretary of State must—

The factors relevant in deciding the reasonableness of a search include the following—

Where the Secretary of State considers that the disclosure of particular information in the notification under paragraph (2)(b) would be contrary to the public interest, he must—

Both the appellant and any special advocate may apply to the Commission for a direction requiring the Secretary of State to file further information about his case, or other information.

An applicant under paragraph (5) must indicate why the information sought is necessary for the determination of the appeal.

The Commission may make a direction on an application under paragraph (5) where it considers that the information sought—

The Secretary of State must serve a copy of any statement or material filed under paragraph (2) or of information filed pursuant to a direction under paragraph (7), at the same time as filing it, on—

Where the Secretary of State objects to any such disclosure, rules 37 and 38 apply.

Any duty to file material or a statement of evidence continues until the appeal has been determined.

Where material or a statement to which that duty extends comes to a party’s attention before the appeal has been determined, he must immediately—

Where the Secretary of State intends to oppose an application for review, he must file with the Commission—

Unless the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, he must serve a copy of the statement and material, or as much of the statement and material as he does not object to disclosing to the appellant or his representative, on the appellant at the same time as filing it.

Where the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, rules 37 and 38 shall apply in respect of the statement and material, or the part thereof which the Secretary of State objects to disclosing to the appellant or his representative.

Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement and material filed under paragraph (1).

Subject to section 85(2) of the 2002 Act^f1, the appellant may vary the grounds of appeal F1or application for review only with the leave of the Commission.

The appellant must file any proposed variation of the grounds of appeal F2or application for review with the Commission and serve a copy on the Secretary of State.

An appellant may withdraw an appeal F2or application for review—

An appeal F3or application for review shall be treated as withdrawn if the Secretary of State notifies the Commission that the decision to which the appeal or application for review relates has been withdrawn.

If an appeal F4or application for review is withdrawn or treated as withdrawn, the Commission must serve on the parties and on any special advocate a notice that the appeal or application for review has been recorded as having been withdrawn.

a notice of appeal, a notice of application for review or a reply by the Secretary of State, if it appears to the Commission that it discloses no reasonable grounds for bringing or defending the appeal or for seeking or opposing the application for review, as the case may be; or

a notice of appeal or a notice of application for review, if it appears to the Commission that it is an abuse of the Commission’s process.

Every appeal F2and every application for review must be determined at a hearing before the Commission, except where—

A party to an appeal under the 2020 Regulations must notify the Commission if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.

Where an appeal would otherwise be treated as abandoned under regulation 13(3) of the 2020 Regulations but the appellant wishes to pursue their appeal, the appellant must provide a notice to the Commission and to each other party within the relevant period.

For the purposes of paragraph (3), “the relevant period” is the period of 28 days beginning with the day on which the appellant was sent notice of the grant of leave to enter or remain in the United Kingdom.

The application must set out the following information.

The following information about the person who is the subject of the relevant conducive grounds deprivation order—

If any of the information mentioned in paragraph (2)(a) to (d) is not known to the Secretary of State, the Secretary of State does not have to provide that information.

Whether the application relates to a conducive grounds deprivation order—

If the application relates to a conducive grounds deprivation order which the Secretary of State has made, the date on which that order was made.

If the application is for fresh consideration of a decision the Secretary of State has made, pursuant to paragraph 1(6) of Schedule 4A to the 1981 Act, the date of the Commission’s previous determination relating to that decision and whether—

Whether the application is made pursuant to paragraph 2(5) of Schedule 4A to the 1981 Act (expiry of final review period).

The grounds for the Secretary of State’s decision by reference to—

vary the grounds for the Secretary of State’s decision (see rule 25B(8));

file new documents in support of the Secretary of State’s decision;

amend, add to or withdraw any document filed in support of the Secretary of State’s decision.

The Commission must determine the application on paper without a hearing before the Commission.

The Commission must determine the application no later than 14 days after the Commission receives the application.

Where the Secretary of State varies an application under rule 25C, the Commission may fix a new date within which the Commission must determine the application, being no later than 14 days after the Commission receives notice of the variation.

The Commission must notify the Secretary of State in writing of any new date fixed in accordance with paragraph (3).

applications to the Commission for leave to appeal to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland from a final determination by the Commission—

applications to the Commission for a certificate under section 7B of the 1997 Act.

An application for leave to appeal must be made by filing with the Commission an application in writing.

Subject to paragraph (2B), the applicant must file any application for leave to appeal with the Commission within 14 days of being served with the Commission’s determination under rule 47(3) F2or (3A), as the case may be.

An applicant who wishes to apply for a certificate under section 7B of the 1997 Act must file an application under rule 27A with the Commission on the same day as filing an application for leave to appeal.

The Commission may accept an application filed after the expiry of the relevant period in paragraph (2) F4... if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.

The application must—

The applicant must serve a copy of the application notice on every other party.

The Commission may decide an application for leave without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.

An application for a certificate under section 7B of the 1997 Act must be made by filing with the Commission an application in writing.

Subject to paragraph (3), the applicant must file any application for a certificate with the Commission not later than 14 days after being served with the Commission’s determination under rule 47(3).

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

The application must—

The applicant must serve a copy of the application notice on every other party.

When an applicant files the application for a certificate with the Commission, the applicant must on the same day also file with the Commission an application for leave to appeal under rule 27.

On receipt of an application for a certificate the Commission must first decide that application before deciding the application for leave to appeal.

The Commission may decide an application for a certificate without a hearing unless it considers that there are special circumstances which make a hearing necessary or desirable.

the Immigration Acts; F1...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An application to be released on bail must be made by filing with the Commission an application in writing.

The application must contain the following details—

The application must be signed by the applicant or his representative or, in the case of an applicant who is a child or is for any other reason incapable of acting, by a person acting on his behalf.

Where an application for bail is filed, the Commission must—

If the Secretary of State wishes to contest the application, he must file with the Commission a written statement of his reasons for doing so—

If the Secretary of State objects to a statement filed under paragraph (2) being disclosed to the applicant or his representative, rules 37 and 38 shall apply.

The Commission must serve written notice of—

on the applicant, the Secretary of State, and the person having custody of the applicant.

Where bail is granted, the notice must include—

Details of the financial condition must be in writing and must state—

The document referred to in rule 30(6) must be—

The person having custody of an applicant must release him upon—

Where the Commission has decided not to release a person on bail under F2Schedule 10 to the 2016 Act, the Commission must 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 the Commission’s decision, unless the Commission determines that there has been a material change in circumstances.

The Commission may determine whether there has been a material change in circumstances without a hearing.

Subject to paragraph (2), where bail is granted by the Commission, the Commission may direct that the Secretary of State has the power to amend or remove bail conditions or impose new bail conditions.

The Commission may not give a direction under paragraph (1) without first giving the person being granted bail and any other person subject to a financial condition an opportunity to make representations.

Where the Commission has made a direction under paragraph (1), it may not amend or remove bail conditions or impose new bail conditions in relation to the person who has been granted bail.

Subject to rule 2(2) and to paragraph (2) of this rule, the parties to proceedings shall be the appellant and the Secretary of State.

The United Kingdom Representative may give written notice to the Commission that he wishes to be treated as a party to proceedings, and where he gives such notice he shall be treated as a party from the date of the notice.

Any restriction imposed by or under these Rules in relation to the appellant as to—

shall also apply to the United Kingdom Representative where he is a party.

Paragraphs (1) to (3) do not apply to an application by the Secretary of State under Schedule 4A to the 1981 Act.

For an application by the Secretary of State under Schedule 4A to the 1981 Act, the Secretary of State is the only party to proceedings.

The appellant may act in person or be represented by—

provided that the person referred to in F2sub-paragraph (a) or (c) is not prohibited from providing immigration services by section 84 of the Immigration and Asylum Act 1999^f1.

The Secretary of State and the United Kingdom Representative may be represented by any person authorised by them to act on their behalf.

Subject to paragraph (2), the Secretary of State must, upon being served with a copy of a notice of F1appeal, application for review or other application under these Rules, give notice of the proceedings to the relevant law officer.

Paragraph (1) applies unless—

Where notice is given to the relevant law officer under paragraph (1), the relevant law officer may appoint a special advocate to represent the interests of the appellant in proceedings before the Commission.

Where any proceedings before the Commission are pending but no special advocate has been appointed, the appellant or the Secretary of State may at any time request the relevant law officer to appoint a special advocate.

making submissions to the Commission at any hearings from which the appellant and his representatives are excluded;

F1adducing evidence and cross-examining witnesses at any such hearings; and

making written submissions to the Commission.

The special advocate may communicate with the appellant or his representative at any time before the Secretary of State serves material on him which he objects to being disclosed to the appellant.

After the Secretary of State serves material on the special advocate as mentioned in paragraph (1), the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) F1or (6)(b) or a direction of the Commission pursuant to a request under paragraph (4).

The special advocate may, without directions from the Commission, communicate about the proceedings with—

The special advocate may request directions from the Commission authorising him to communicate with the appellant or his representative or with any other person.

Where the special advocate makes a request for directions under paragraph (4)—

Paragraph (2) does not prohibit the appellant from communicating with the special advocate after the Secretary of State has served material on him as mentioned in paragraph (1), but—

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.

The Secretary of State may not rely upon closed material unless a special advocate has been appointed to represent the interests of the appellant.

Where the Secretary of State F2is required by rule F310(2), 10A(8) or 10B(2) to serve on the appellant, or wishes to rely upon, closed material and a special advocate has been appointed, the Secretary of State must file with the Commission and serve on the special advocate—

The Secretary of State must, at the same time as filing it, serve on the appellant any statement filed under paragraph (3)(c).

Where the Secretary of State serves on the special advocate any closed material which he has redacted on grounds other than those of legal professional privilege—

The Secretary of State may, with the leave of the Commission F6or the agreement of the special advocate, at any time amend or supplement material filed under this rule.

Where the Secretary of State makes an objection under rule 36(5)(b) or rule 37, the Commission must decide in accordance with this rule whether to uphold the objection.

The Commission must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

If the special advocate does not challenge the objection, he must give notice of that fact to the Commission and the Secretary of State within 14 days after the Secretary of State serves on him a notice under rule 36(5)(b) or material under rule 37(3).

Where the Commission fixes a hearing under this rule—

A hearing under this rule shall take place in the absence of the appellant and his representative.

The Commission may uphold or overrule the Secretary of State’s objection.

The Commission must uphold the Secretary of State’s objection under rule 37 where it considers that the disclosure of the material would be contrary to the public interest.

Where the Commission upholds the Secretary of State’s objection under rule 37, it must—

Where the Commission overrules the Secretary of State’s objection under rule 37 or directs him to serve a summary of the closed material on the appellant—

notify the appellant that the statement or material has been redacted and on what grounds it has been redacted; and

file the statement or material with the Commission in an unredacted form, together with an explanation of the redactions.

The Commission may F1, in addition to its power to give directions under rule 9A(2), give directions relating to the conduct of any proceedings.

The power to give directions is to be exercised subject to—

Directions under this rule may be given orally or in writing.

Subject to rule 48, the Commission must serve notice of any written directions on every party.

Directions given under this rule may in particular—

The power to give directions may be exercised in the absence of the parties.

Where a party or the special advocate fails to comply with a direction, the Commission may serve on him a notice which states—

Where a party or special advocate F4who has been served with such a notice fails to comply with a direction, the Commission may proceed in accordance with paragraph (1)(c).

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.

every party, whether or not entitled to attend that hearing; and

the special advocate, if one has been appointed.

If the Commission considers it necessary for the appellant and his representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must—

The Commission may conduct a hearing or part of a hearing in private for any other good reason.

when giving evidence; and

in such other circumstances as the Commission considers necessary.

Subject to these Rules, the evidence of witnesses may be given either—

The Commission may also receive evidence in documentary or any other form.

The Commission may receive evidence that would not be admissible in a court of law.

No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce on the trial of a civil claim in the part of the United Kingdom in which the proceedings before the Commission are taking place.

Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which he and his representative are not excluded.

The special advocate shall be entitled to adduce evidence and to cross-examine witnesses.

The Commission may require a witness to give evidence on oath.

Subject to these Rules, the Commission may, by issuing a summons, require any person in the United Kingdom—

No person shall be required to attend a hearing in compliance with a summons issued under paragraph (1) unless—

Where a summons is issued at the request of a party, that party must pay or tender the expenses of the witness.

Where two or more appeals F1or applications are pending at the same time, the Commission may direct them to be heard together if—

Except where F2paragraph (3) applies, the Commission must give all the parties who would be entitled to attend the hearing of the proceedings an opportunity to make representations before hearing proceedings together under this rule.

Where two or more appeals which relate to decisions or action taken in respect of the same person are pending at the same time, the Commission must so far as is reasonably practicable hear the appeals together, unless to do so would cause unreasonable delay to any of the appeals.

This rule applies when the Commission determines any proceedings.

The Commission must record its decision and the reasons for it.

The Commission must F1, within a reasonable time, serve on the parties a written determination containing its decision and, if and to the extent that it is possible to do so without disclosing information contrary to the public interest, the reasons for it F2, subject to paragraph (3A).

In the case of an application by the Secretary of State under Schedule 4A to the 1981 Act, the Commission must serve on the Secretary of State a written determination no later than—

Where the determination under paragraph (3) does not include the full reasons for its decision, the Commission must serve on the Secretary of State and the special advocate a separate determination including those reasons.

Where the Commission serves a separate determination under paragraph (4), the special advocate may apply to the Commission to amend that determination and the determination under paragraph (3) on the grounds that the separate determination contains material the disclosure of which would not be contrary to the public interest.

The special advocate must serve a copy of an application under paragraph (5) on the Secretary of State.

The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.

This rule applies where the Commission proposes to serve F1on the appellant—

Before the Commission serves F3any such document on the appellant, it must first serve notice on the Secretary of State F4and any special advocate of its intention to do so.

The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the Commission to F5amend the order, direction or proposed determination if he considers that—

would cause information to be disclosed contrary to the public interest.

Where the Secretary of State makes an application under paragraph (3), he must at the same time serve a copy of it on the special advocate, if one has been appointed.

The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.

The Commission must not serve F7any document on the appellant as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired F8or, where such an application is made, before it has been determined.

Any document which is required or permitted by these Rules or by an order of the Commission to be filed with the Commission or served on any person may be—

specified for that purpose by the Commission or the person to which the document is directed.

A document to be served on an individual may be served personally by leaving it with that individual.

Subject to paragraph (4), if any document is served on a person who has notified the Commission that he is acting as the representative of a party, it shall be deemed to have been served on that party.

Paragraph (3) does not apply if the Commission directs that a document is to be served on both a party and his representative.

Any document that is served on a person in accordance with this rule shall, unless the contrary is proved, be deemed to be served—

Any document which is filed with the Commission shall be treated as being filed on the day on which it is received by the Commission.

Every party, and any person representing a party or acting as special advocate, must notify the Commission of a postal address at which documents may be served on him and of any changes to that address.

Until a party, representative or special advocate notifies the Commission of a change of address, any document served on him at the most recent F1postal address he has given to the Commission shall be deemed to have been properly served on him.

Where a period of time for doing any act is specified by these Rules or by a direction of the Commission, that period is to be calculated—

Where the time specified by these Rules or by a direction of the Commission for doing any act ends on a day which is not a business day, that act is done in time if it is done on the next business day.

In this rule, “business day” means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday.

subject to these Rules, the error does not invalidate any step taken in the proceedings unless the Commission so orders; and

the Commission may make an order or take any other step that it considers appropriate to remedy the error.

The Commission may at any time amend an order or determination to correct a clerical error or other accidental slip or omission.

Where an order or determination is amended under this rule—

the Special Immigration Appeals Commission (Procedure) Rules 1998^f1 (“the 1998 Rules”); and

the Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000^f2.

These Rules shall apply—

In relation to any proceedings pending on the date on which these Rules come into force, anything done or any direction given before that date under the 1998 Rules or under any other powers of the Commission shall be treated as if done or given under these Rules.

If—

the notice of appeal or application shall be treated as being given or made in time, notwithstanding any time limit in these Rules.