My Lords, the statutory instrument before us today updates the procedure of the Special Immigration Appeals Commission so that it reflects new bail provisions in the Immigration Act 2016, which I had the opportunity to bring before this House on behalf of the Home Office in the then Immigration Bill. It also implements measures included in the Criminal Justice and Courts Act 2015 allowing appellants to appeal directly to the Supreme Court, bypassing the Court of Appeal. Related to the second point, it also makes changes to the time limits for applying for permission to appeal to make them consistent with the High Court.
For noble Lords who are not familiar with it, the Special Immigration Appeals Commission, more generally known as SIAC, is a specialist tribunal which deals with challenges to immigration and asylum decisions
made by the Home Office, such as decisions to deport a person or to refuse them leave to remain. Challenges to such decisions are usually heard by the First-tier Tribunal, the Upper Tribunal, or the High Court. However, when a decision is made for reasons of national security or international relations, or is made relying on evidence which it would not be in the public interest to disclose, any challenge is heard instead by SIAC.
SIAC is different from other immigration tribunals in that it has the ability to operate a process known as the closed material procedure, which allows sensitive material that the Home Secretary intends to use in his response to the appeal to be protected. In the closed material procedure part of the hearings, appellants and their legal representatives are excluded from the court but are represented by special advocates. These are lawyers who have undergone strict security vetting and are of the highest integrity and ability. The system of special advocates is designed to provide a balance between the right to a fair hearing and the need to protect national security.
The first piece of legislation to which this rule amendment is designed to give effect is Schedule 10 to the Immigration Act 2016, which simplifies the previous framework with a single power of immigration bail. This allows for illegal immigrants, including foreign national offenders, who are awaiting removal to be released subject to conditions if detention is not appropriate. Financial conditions were also introduced to replace recognizances, which in this context are undertakings to pay a sum of money in the event that bail conditions are breached, in England and Wales and bail bonds in Scotland. This statutory instrument will bring the SIAC procedure rules in line with the new bail provisions in the Immigration Act 2016.
The other piece of legislation that we are concerned with is the Criminal Justice and Courts Act 2015 which, among other things, extended the concept of cases leap-frogging to the Supreme Court, extending it from just civil cases in the High Court to include cases in the Upper Tribunal, the Employment Appeal Tribunal and SIAC. Leap-frogging will allow SIAC appellants to apply for a certificate which will allow them to appeal SIAC’s decision directly to the Supreme Court without first going to the Court of Appeal, provided they can demonstrate that their case raises a point of law of general public importance. Leap-frogging is not a new concept; it has been allowed for civil cases in the High Court since the Administration of Justice Act 1969. This statutory instrument will bring SIAC into line with other courts on the same level of the appellate system.
The final change brought about by this statutory instrument is to increase the time limit for making an application for permission to appeal, which will bring it into line with time limits in the High Court.
To conclude, the draft rule amendment before us today makes technical but necessary changes to the procedures used by SIAC to make sure they are consistent with measures already set out in primary legislation, namely the Immigration Act 2016 and the Criminal Justice and Courts Act 2015. We have also taken the opportunity to make time limits for permission to appeal consistent with those in the High Court. I beg to move.