40 A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT (2) The actions mentioned in subsection (1) are – ... (e) making a deportation order ... (3) Action of a kind specified in subsection (2) which has effect in respect of a suspected international terrorist at the time of his certification under section 21 shall be treated as taken again (in reliance on subsection (1) above) immediately after certification. 23. Detention (1) A suspected international terrorist may be detained under a provision specified in subsection (2) despite the fact that his removal or departure from the United Kingdom is prevented (whether temporarily or indefinitely) by – (a) a point of law which wholly or partly relates to an international agreement; or (b) a practical consideration ... (2) The provisions mentioned in subsection (1) are – (a) paragraph 16 of Schedule 2 to the Immigration Act 1971 (c. 77) (detention of persons liable to examination or removal); and (b) paragraph 2 of Schedule 3 to that Act (detention pending deportation).” Part 4 of the 2001 Act included a provision that the legislation would remain in force for five years only and was subject to an annual affirmative resolution by both Houses of Parliament. D. The Special Immigration Appeals Commission (SIAC) 91. SIAC was set up in response to the Court’s judgment in Chahal v. the United Kingdom ([GC], 15 November 1996, Reports of Judgments and Decisions 1996-V). It is a tribunal composed of independent judges, with a right of appeal against its decisions on a point of law to the Court of Appeal and the House of Lords. By section 25 of the 2001 Act: “(1) A suspected international terrorist may appeal to the Special Immigration Appeals Commission against his certification under section 21. (2) On an appeal [SIAC] must cancel the certificate if – (a) 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); or (b) if it considers that for some other reason the certificate should not have been issued.”

Sélectionner le paragraphe cible3