9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) "(1) A suspected international terrorist may appeal to the Special Immigration Appeals Commission against his certification under section 21. (2) On an appeal the Commission must cancel the certificate if— (a) it considers that there are no reasonable grounds for a belief or suspicion of the kind referred to in section 21(1)(a) or (b), or (b) it considers that for some other reason the certificate should not have been issued." These are exclusive grounds of appeal - see s25(3). Section 25(4) provides that cancellation of a s21 certificate under s25(2) means that the certificate "shall be treated as never having been issued". 297. Section 26 requires SIAC to "hold a first review of each s21 certificate as soon as is reasonably practicable after the expiry of the period of six months" after its date of issue and, so far as possible, every three months thereafter. Section 26(5)(a) requires SIAC to cancel a certificate it "considers that there are no reasonable grounds for a belief or suspicion of the kind referred to in s21(1)(a) or (b)". 298. Section 27(1)(b), through the medium of s7 of the 1997 Act, entitles a party to proceedings before SIAC under s25, to appeal any determination in such proceedings to the Court of Appeal "on any question of law material to the determination". 299. Section 29 provides for ss21-23 to "expire" fifteen months after they came into force, subject to the power of the Secretary of State to repeal them earlier, or to extend them, subject to a final expiry date of 10th November 2006. Section 30 makes reference to a "derogation by the United Kingdom from Article 5(1)" of ECHR. 300. Finally, it is right to refer to s35 which, by adding a subsection (3) to s1 of the 1997 Act, provides that SIAC is "a superior court of record". 301. The Special Immigration Appeals Commission (Procedure) Rules 2003 (SI 2003 No 1034) ("the 2003 Rules") came into force on 1st April 2003, and govern the procedure of SIAC. Rule 44 is in these terms: "(1) Subject to these Rules, the evidence of witnesses may be given either(a) orally, before the Commission; (b) in writing … (2) The Commission may also receive evidence in documentary or any other form. (3) The Commission may receive evidence that would not be admissible in a court of law". ECHR 302. ECHR Article 3 is in these terms: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment." 303. ECHR Article 5 provides, so far as relevant: "(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 75/113