Citation, commencement and interpretation

1

(1)    These Rules may be cited as the Special Immigration Appeals Commission (Procedure) (Amendment No 2) Rules 2007 and come into force on 1st December 2007.

(2)    In these Rules, a reference to a rule by number alone is to the rule so numbered in the Special Immigration Appeals Commission (Procedure) Rules 2003.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see para (1) above.

Civil Procedure & Administration of Justice91 Boards & Tribunals91

Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

2

Amendments to the Special Immigration Appeals Commission (Procedure) Rules 20032

In rule 27 (application for leave to appeal)—

(a)    in paragraph (2) after “determination” insert “under rule 47(3)”;

(b)    in paragraph (2A) for the words after “Commission” to the end substitute “not later than 10 days after he is served with the Commission's determination under rule 47(3)”.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see r 1(1).

3

3

After rule 43 (hearings in private) insert—

“43A Interpreters

An appellant is entitled to the services of an interpreter for bringing his appeal—

(a)    when giving evidence; and

(b)    in such other circumstances as the Commission considers necessary.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see r 1(1).

4

4

In rule 47(3) (giving of determination), after “must” insert “, within a reasonable time,”.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see r 1(1).

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

29th November 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Rules)

These Rules amend the Special Immigration Appeals Commission (Procedure) Rules 2003 (SI 2003/1034) to give effect to Article 10(2) of Council Directive 2005/85/EC of 1st December 2005 laying down minimum standards on procedures in Member States for granting and withdrawing refugee status (O. J. L326, 13/12/2005, p 13). They provide for the Commission to serve its determination on the parties within a reasonable time and make express provision for the existing practice whereby an appellant may have an interpreter in certain circumstances. They also make a minor amendment to the time limits for applications for permission to appeal from the Commission to an appellate court, to provide that each party is to have the same period in which to apply, calculated from the date on which the party received the Commission's final determination. An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.