9.11.2017
A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004)
practicable after the expiry of the period of six months beginning with the
date on which the appeal is finally determined, and
(b) in a case where an application for leave under section 25(5)(b) has been
commenced but not determined at the time when the first review would fall to
be held in accordance with subsection (1), if leave is granted the first review
shall be held as soon as is reasonably practicable after the expiry of the period
of six months beginning with the date on which the appeal is finally
determined.
(3) The Commission must review each certificate issued under section 21 as soon as is
reasonably practicable after the expiry of the period of three months beginning with the
date on which the first review or a review under this subsection is finally determined.
(4) The Commission may review a certificate during a period mentioned in subsection (1),
(2) or (3) if(a) the person certified applies for a review, and
(b) the Commission considers that a review should be held because of a
change in circumstance.
(5) On a review the Commission(a) must cancel the certificate if 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), and
(b) otherwise, may not make any order (save as to leave to appeal).
(6) A certificate cancelled by order of the Commission under subsection (5) ceases to
have effect at the end of the day on which the order is made.
(7) Where the Commission reviews a certificate under subsection (4), the period for
determining the next review of the certificate under subsection (3) shall begin with the
date of the final determination of the review under subsection (4).
27(1) The following provisions of the Special Immigration Appeals Commission Act 1997
shall apply in relation to an appeal or review under section 25 or 26 as they apply in
relation to an appeal under section 2 of that Act(a) section 6 (person to represent appellant's interests),
(b) section 7 (further appeal on point of law), and
(c) section 7A (pending appeal).
(2) The reference in subsection (1) to an appeal or review does not include a reference to a
decision made or action taken on or in connection with(a) an application under section 25(5)(b) or 26(4)(a) of this Act, or
(b) subsection (8) below.
(3) Subsection (4) applies where(a) a further appeal is brought by virtue of subsection (1)(b) in connection
with an appeal or review, and
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html
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