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Article 7 Starting an appeal or application for reviewF9I1

United Kingdom

(1)

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.

F3(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.

(2)

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

(3)

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

(a)

in accordance with paragraph (2); or

(b)

by serving it on the person having custody of him.

(4)

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.

(5)

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

(a)

the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the Commission; and

(b)

the Commission must serve a copy of the notice and any accompanying documents on the Secretary of State.

Annotations

Textual amendments

F1

Words in rule 7(1) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 6(a) (with rule 35)

F2

Words in rule 7(1) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(4)

F3

Rule 7(1A) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 8(a)

F4

Words in rule 7(2) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 8(b)

F5

Words in rule 7(3) omitted (7.5.2007) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 6(b) (with rule 35)

F6

Words in rule 7(3) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 8(c)

F7

Words in rule 7(4) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 8(d)

F8

Words in rule 7(5) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 8(e)

F9

Words in rule 7 heading inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 7

Commencement

I1

Rule 7 in force at 1.4.2003, see rule 1

Notes on Part 2

Textual amendments

F1

Pt. 2 heading substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 5