9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) period of three months from the date on which the first review is finally determined. In Section 26 (4) provision is made for reviews during the above periods. Section 26(5) and (6) provides: "(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." 18. Section 27 provides that section 7 of the Special Immigration Appeals Commission Act 1997 ("the 1997 Act") shall apply in relation to an appeal or review under Section 25 or 26 of the 2001 Act. 19. Section 7 (1) of the 1997 Act provides: "Where the Special Immigration Appeals Commission has made a final determination of an appeal, any party to the appeal may bring a further appeal to the appropriate appeal court on any question of law material to that determination." Leave is required (Section 7(2)). By virtue of Section 7(3)(a), the Court of Appeal is the appropriate appeal court "in relation to a determination by the Commission in England and Wales". Section 1 of the 1997 Act, as amended by Section 35 of the 2001 Act, provides that "the Commission shall be a superior court of record". 20. Section 29 of the 2001 Act provides that Sections 21 and 23 of the Act shall expire "at the end of the period of 15 months beginning with the day on which the Act is passed" but subject to a power in the Secretary of State to repeal the sections and also to make an order providing that the sections shall continue in force for a period not exceeding one year. Subject to a circumscribed urgency provision, such an order may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. It is provided that sections 21 and 23 shall in any event cease to have effect at the end of 10 November 2006. Monitoring of the working of Part 4 of the Act has also been instituted, Lord Carlile having been given that role. 21. Protection is also provided by the Tribunal set up under the Regulation of Investigatory Powers Act 2000 to scrutinise the investigatory powers and functions of the Intelligence Services. 22. Rule 44(3) of the Special Immigration Appeals Commission (Procedure) Rules 2003 ("the 2003 Rules"), made under the 1997 Act, provides that: "The Commission may receive evidence that would not be admissible in a court of law." 23. The lawfulness of the 2001 Order was challenged in A & Ors. The Court of Appeal, reversing in certain respects the Commission to whom application had first been made, held that the derogation was lawful. Lord Woolf CJ stated, at paragraph 27: "… the provisions of Part 4 purport to do no more than reverse the legal position which existed subsequent to the decision in Chahal 23 EHRR 413. In other words they allow a suspected international terrorist who does not have a right of abode, alone, to be detained even though for the time being it is not possible to deport him. In relation to those who are not suspected international terrorists who are liable to be deported, but cannot be deported, the position remains as it was prior to the 2001 Act". 24. At paragraph 31, Lord Woolf stated that "the derogation is limited to extending the period of time during which the detention can continue: that is the Chahal point". Lord Woolf noted, at paragraph 42, the undertaking given by the Attorney-General that "Part 4 would be only used for the emergency http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 7/113