COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE SPECIAL IMMIGRATION APPEALS COMMISSION
REF NO: SC732009
BAILII:  UKSIAC 73/2009
Strand, London, WC2A 2LL
B e f o r e :
(Vice President of the Court of Appeal, Civil Division)
LORD JUSTICE RIMER
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Mr Neil Sheldon (instructed by Treasury Solicitors) for the Respondent
Hearing date : 15 February 2011
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Lord Justice Maurice Kay :
"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."
"In my judgment the words of section 7(1) are clear and unambiguous. They provide for the possibility of an appeal to this Court when (but only when) there has been a final determination of the appeal to SIAC. That stage has not been reached in these proceedings."
I added (at paragraph 8):
"It seems to me that section 7(1) provided for an appeal only after final determination, as I have construed it, because it did not wish the Court of Appeal to become seized of the case until the entire appeal to SIAC had been disposed of one way or the other."
The Procedural History
Further statutory provisions
"(1) An appellant may withdraw an appeal –
(a) orally, at a hearing; or
(b) at any time, by filing written notice with the Commission.
(2) An appeal shall be treated as withdrawn if the Secretary of State notifies the Commission that the decision to which the appeal relates has been withdrawn.
(3) If an appeal is withdrawn or treated as withdrawn, the Commission must serve on the parties and on any special advocate a notice that the appeal has been recorded as having been withdrawn."
Conclusion and disposal
Lord Justice Rimer: