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SIAC appeal process

How is a SIAC appeal different from an appeal before the First-Tier Tribunal and the Upper Tribunal?

 

Special Immigration Appeals Commission (SIAC) hears appeals where the Secretary of State for the Department ’certifies’ that it is not in the public interest for certain evidence to be made public – typically for reasons relating to national security. As a result, the proceedings before SIAC and these are divided into OPEN and CLOSED proceedings.

 

OPEN proceedings are similar to other court proceedings. The appellant and their lawyers are provided with information and evidence regarding the decision taken and have the opportunity to respond to that evidence. They may attend the hearing to put their case across.

 

CLOSED proceedings, however, are undertaken in secret. Unlike appeals before the First-Tier Tribunal and the Upper Tribunal (Immigration and Asylum Chamber), this closed material is not provided to the appellant or their lawyers, and they are not permitted to attend the closed hearing days where that evidence is put before the court. In the CLOSED proceedings, individuals will be represented by ‘Special Advocates’. Special Advocates are specialist, security-vetted barristers and are appointed by the Attorney General Office to represent the individuals in their CLOSED proceedings. Individuals can express a preference as to Special Advocates being assigned to their case, however, unlike OPEN proceedings the Special Advocates will not have any contact with the individuals once they have viewed the CLOSED evidence.

 

Is legal aid available for SIAC appeals?

 

Legal Aid is available for Special Immigration Appeals Commission (SIAC) appeals subject to satisfaction of the financial eligibility requirement as well as showing that your appeal has merit.

 

Legal Aid is available for SIAC appeals subject to satisfaction of the financial eligibility requirement as well as showing that your appeal has merit.

 

Our specialist team of Immigration solicitors and lawyers can assist you with your Special Immigration Appeals Commission, [SIAC] appeal. Call 03337723202 for assistance.


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