2. Jurisdiction: review of certain immigration decisions U.K.
(1) Subsection (2) applies in relation to any decision of the Secretary of State which—
(a) is either—
(i) a refusal to issue a certificate of naturalisation under section 6 [ F21 or 18 ] of the British Nationality Act 1981 to an applicant under that section, or
(ii) a refusal to grant an application of the kind mentioned in section 41A of that Act (applications to register an adult or young person as a British citizen etc. ), and
(b) is certified by the Secretary of State as a decision that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—
(i) in the interests of national security,
(ii) in the interests of the relationship between the United Kingdom and another country, or
(iii) otherwise in the public interest.
(2) The applicant to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.
(3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.
(4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings. ] Textual Amendments F17 Ss. 2C, 2D inserted (25.6.2013) by Justice and Security Act 2013 (c. 18) , ss. 15 , 20(1) ; S.I. 2013/1482 , art. 2 (with arts. 3 , 4 ) F21 Words in s. 2D(1)(a)(i) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6) , ss. 47 , 52(5)
(1) Subsection (2) applies in relation to a relevant deportation decision which has been certified under section 97 or 97A(1) of the Nationality, Immigration and Asylum Act 2002 (certification on grounds of national security etc ).
(2) The person to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.
(3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.
(4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.
(5) In this section “ relevant deportation decision ” means a decision of the Secretary of State about the deportation of a person from the United Kingdom, if and to the extent that—
(a) the decision is not subject to a right of appeal, or
(b) the decision (being subject to a right of appeal) gives rise to issues which may not be raised on such an appeal. ] Textual Amendments F22 S. 2E inserted (6.4.2015) by Immigration Act 2014 (c. 22) , ss. 18 , 75(3) ; S.I. 2015/371 , art. 4(a)
(1) Subsection (2) applies in relation to any decision of the Secretary of State which—
(a) relates to a person’s entitlement to enter, reside in or remain in the United Kingdom, or to a person’s removal from the United Kingdom,
(b) is not subject—
(i) to a right of appeal, or
(ii) to a right under a provision other than subsection (2) to apply to the Special Immigration Appeals Commission for the decision to be set aside, and
(c) is certified by the Secretary of State acting in person as a decision that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public—
(i) in the interests of national security,
(ii) in the interests of the relationship between the United Kingdom and another country, or
(iii) otherwise in the public interest.
(2) The person to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.
(3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.
(4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings. ] Textual Amendments F23 S. 2F inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36) , ss. 77(2) , 87(1) ; S.I. 2022/590 , regs. 1(2) , 2 , Sch. 1 para. 27
