[38kb]This consultation seeks your views on the draft Special Immigration Appeals Commission (Procedure) Rules 2003. These New Rules are being produced as a consolidated set to replace the existing Special Immigration Appeals Commission (Procedure) Rules 1998.
The consultation is aimed at groups and individuals with an interest in immigration and asylum appeals in the UK and is limited to a period of two weeks.
Please send your response by 6 March 2003 to:
Natalie Ashworth
Tribunals Policy Division
Room 5.45
Selborne House
54-60 Victoria Street
London SW1E 6QW
Tel: 020-7210 8811
Fax: 020-7210 0681
Email: Natalie Ashworth
Representative groups are asked to give a summary of the people and organisations they represent when they respond.
The Department may wish to publish responses to this consultation document in due course. Please ensure your response is marked clearly if you wish your response or your name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed.
Further copies of this consultation paper can be obtained from Natalie Ashworth at the above address or by phoning 020-7210 8811.
The Anti-terrorism, Crime and Security Act 2001 (ATCSA) and the Nationality, Immigration and Asylum Act 2002 (NIAA) introduced new jurisdictions before SIAC.
Under the ATCSA the Commission can now hear appeals on certificates issued by the Home Secretary under section 21 of the ATCSA and subsequent reviews.
Following the commencement of section 4 of the NIAA, which inserts a new section 2B into the Special Immigration Appeals Commission Act 1997 (SIACA), the Commission will also be able to hear an appeal against a decision to make an order for deprivation of citizenship.
The new Rules are also drafted to ensure consistency, wherever possible between the draft Immigration and Asylum Appeals (Procedure) Rules 2003 (IAA(P)R). This is particularly important because under the NIAA a larger number of appeals against immigration decisions may lie to SIAC instead of the Immigration Appellate Authority.
The new Rules are being produced as a consolidated set to replace the existing Special Immigration Appeals Commission (Procedure) Rules 1998. This will make a neater set of rules that will be easier to understand and user friendly.
The new Rules include a number of new or amended definitions, these are listed in rule 2 and reflect both the new jurisdictions that can be heard by the Commission and the amendments which have been made to achieve consistency with the draft IAA(P)R.
Rule 5 builds upon the list of powers that can be exercised by a single member. The powers listed can be appropriately delegated as they deal with matters that are preliminary or incidental to an appeal.
Consideration is being given to whether greater efficiency in the appeal process will be achieved if the notice of appeal is sent directly to the Commission rather than routed through the Secretary of State. This option is currently reflected in rule 7.
Time limits for appealing follow those contained in the draft IAA(P)R: 5 days for detained persons; 10 days for persons not detained and present in the United Kingdom; and 28 days for persons outside the United Kingdom. Rule 8(3) and 8(4) ensure that if an appeal to an adjudicator lapses under the NIAA an appeal to SIAC can still be made in time.
Rules 10 and 11 deal with the appointment of special advocates and their functions. The two rules effectively split the contents of the existing rule 7. This has been done to achieve greater clarity. The appointment of a special advocate has been made mandatory except in circumstances dealt with in paragraph 2, where the Secretary of State does not intend to oppose the appeal, or object to material being disclosed.
Rule 13 has been redrafted to provide a more streamlined process of considering an objection by the Secretary of State, with a hearing for oral representations automatically fixed by the Commission, if the special advocate challenges an objection. The requirement for a schedule of outstanding issues to be agreed as far as possible and filed by the Secretary of State and the special advocate is also intended to expedite this part of the proceedings.
This Part of the Rules deals with appeals against certification under section 25 of the ATCSA. As prescribed by the ATCSA, the time limits for appealing against certification are longer than for other appeals before SIAC - this is reflected in rule 17.
When hearing appeals against certification under the ATCSA the Commission will follow the same procedures followed when hearing other appeals.
This Part of the Rules deals with reviews of certification under the ATCSA.
As prescribed by section 26 of the ATCSA reviews must be held on a three- monthly basis following the determination of an appeal against certification. If no appeal is made, a review must be held six months after certification and then every three months subsequently. Rule 21, in conjunction with rule 19, ensures that the Secretary of State and the appellant are made aware of when reviews are to commence early in the process: again, this is to encourage the timely and efficient disposal of proceedings. Rule 24 details the procedure to be followed when filing evidence and written submissions with the Commission, prior to a review.
Rule 23 provides that reviews shall be conducted without an oral hearing unless an oral hearing of an appeal against certification has not been held previously. This is subject to the Commission's discretion to order otherwise. The rule provides a safeguard for persons detained under section 21 of the ACTSA, who have elected not to appeal under section 25.
This Part of the Rules is not significantly different to the existing rules on leave to appeal from the Commission. The time limits follow those contained in the draft IAA(P)R.
Rule 31 provides that the Commission shall hold a hearing when determining a bail application.
This Part of the Rules has been framed in a similar style to the draft IAA(P)R, and is intended to be more user-friendly, ensuring clarity and transparency of process. In one place it details the general provisions applicable to the different stages of the proceedings for all appeals before SIAC.
As noted previously the draft Rules will replace the existing Special Immigration Appeals Commission (Procedure) Rules 1998.
The transitional provisions will avoid any confusion as to which Rules should be applied to any appeals pending before the Commission, when the new Rules are introduced.
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