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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.”