9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) (a) must be laid before Parliament, and (b) shall cease to have effect at the end of the period specified in subsection (5) unless the order is approved during that period by resolution of each House of Parliament. (5) The period referred to in subsection (4)(b) is the period of 40 days(a) beginning with the day on which the order is made, and (b) ignoring any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (6) The fact that an order ceases to have effect by virtue of subsection (4)(a) shall not affect the lawfulness of anything done before the order ceases to have effect, and (b) shall not prevent the making of a new order. (7) Sections 21 to 23 shall by virtue of this subsection cease to have effect at the end of 10th November 2006." ATCSA s.33 is relevant to a particular argument advanced by Mr Gill in C, with which I will deal (as I have indicated) in addressing the facts of C's case: "(1) This section applies to an asylum appeal before [SIAC] where the Secretary of State issues a certificate that(a) the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention, because Article 1F or 33(2) applies to him (whether or not he would be entitled to protection if that Article did not apply), and (b) the removal of the appellant from the United Kingdom would be conducive to the public good. … (3) Where this section applies the Commission must begin its substantive deliberations on the asylum appeal by considering the statements made in the Secretary of State's certificate. (4) If the Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to a claim for asylum before considering any other aspect of the case. (5) If the Commission does not agree with those statements it must quash the decision or action against which the asylum appeal is brought. … (7) The Secretary of State may revoke a certificate issued under subsection (1). (8) No court may entertain proceedings for questioning(a) a decision or action of the Secretary of State in connection with certification under subsection (1), … http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 39/113