Special Immigration Appeals Commission Act 1997 (c. 68)

[F1 2C Jurisdiction: review of certain exclusion decisions U.K.

(1) Subsection (2) applies in relation to any direction about the exclusion of a [F2 person] from the United Kingdom which—

(a) is made by the Secretary of State wholly or partly on the ground that the exclusion from the United Kingdom of the [F2 person] is conducive to the public good,

(b) is not subject to a right of appeal, and

(c) is certified by the Secretary of State as a direction that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—

(i) in the interests of national security,

(ii) in the interests of the relationship between the United Kingdom and another country, or

(iii) otherwise in the public interest.

(2) The [F3 person] to whom the direction relates may apply to the Special Immigration Appeals Commission to set aside the direction.

(3) In determining whether the direction should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.

(4) If the Commission decides that the direction should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.

(5) F4 ... References in this section to the Secretary of State are to the Secretary of State acting in person.]

Textual Amendments

F1 Ss. 2C, 2D inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 15, 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)

F2 Word in s. 2C(1) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 11(2)(a)

F3 Word in s. 2C(2) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 11(2)(a)

F4 Words in s. 2C(5) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 11(2)(b)