Special Immigration Appeals Commission (SIAC) Representation

Why choose JD Spicer Zeb for SIAC representation

With decades of experience representing clients experiencing immigration and citizenship problems in the UK, we understand exactly how the appeals system works and what is needed for a successful claim.

We have very strong expertise and experience in immigration appeals related to national security issues, including terrorism charges and suspicion of terror-related activities. Using our detailed understanding of the law in this area, we can ensure any flaws in the way your case has been handled by the Secretary of State are swiftly exposed, giving you the best chance of a successful appeal.

Our Head of Immigration Kam Dhanjal is accredited under the Law Society’sImmigration and Asylum Scheme reflecting her exceptional expertise in this complex area of UK law. Kam is supported by an exceptional team who can ensure your case is dealt with swiftly and effectively, matching the tight time frames involved in making an SIAC appeal.

Our expertise with the Special Immigration Appeals Commission

We regularly advise and represent clients dealing with all types of SIAC appeals, including:

Appealing refusal of British Citizenship on national security grounds

Where you have been refused British citizenship for reasons including because you are subject to a United Nations (UN) or European Union (EU) travel ban, you have been convicted of a terrorism offence or the Home Office believes you have been involved in terror-related activity.

Appealing deprivation of UK citizenship on national security grounds

Where you have been stripped of your UK citizenship, whether you are still resident in the UK or are currently resident abroad.

Appealing exclusion from the United Kingdom on national security grounds

Where you have been denied entry to the UK on the basis that the Home Office believes you could pose a threat to national security.

Appealing deportation from the UK on national security grounds

Where you are facing deportation from the UK or have been deported because the Home Office considers you to be a risk to national security.

How SIAC appeals work

How to appeal an immigration decision on national security grounds

You will need to complete a notice of appeal or review form and submit this to the Special Immigration Appeals Commission office in London. You can do this via email or through the post.

While you can complete   this form yourself, it is strongly recommended to have a specialist immigration appeals lawyer help with this so that detailed grounds of appeal can be submitted with the appeal form setting out your arguments This can ensure your argument is as strong as possible, you provide the right supporting evidence and that there are no basic errors that could see your appeal refused.

Time limits for SIAC appeals

Once you are informed by the UK government of their decision, there are strict time limits to make an appeal. Those time limits will depend on whether you are in the UK or outside the country and whether you are currently being held in detention.

If you are in detention in the UK, you have 5 days to apply to the SIAC.

If you are in the UK and not in detention, you have 10 days to apply.

If you are outside the UK, you have 28 days to apply.

If you are being deported from the UK and are refused the right to appeal from within the country, the 28-day time limit to appeal from outside of the UK will apply from the date when you leave the country.

Should you miss the deadline to make an appeal, you can ask for more time and the SIAC will consider this, but there is no guarantee extra time will be granted.

The above time limits are subject to any additional limits imposed by the Home Office.

How the SIAC makes decisions about immigration appeals

Your appeal will be dealt with by a tribunal hearing attended by:

• A tribunal panel made up of a senior judge and two other commission members – they will decide the outcome of your appeal
• A lawyer from the Home Office – who will present the government’s case for refusing/revoking your citizenship, deporting you or refusing you entry to the UK
• You and your lawyer – to present your case for why the Home Office’s decision is flawed and your appeal should be granted.

The hearing will be held in public, except if there is any evidence which needs to be heard in secret. If there is secret evidence that needs to be heard, you, your lawyer and the public will be required to leave the hearing and a ‘special advocate’ will represent you instead.

Appealing a Special Immigration Appeals Commission decision

If you are unhappy with the outcome of your appeal to the SIAC, you may be able to appeal to a higher court, although you can only appeal on a point of law i.e. if you believe the tribunal panel have incorrectly interpreted the law in dealing with your case.

You will need to apply within 10 days of the SIAC decision (or 5 days if you are being held in detention). Which court you appeal to will be one of the following, depending on which part of the UK you are in:

• Court of Appeal in England and Wales
• Court of Session in Scotland
• Court of Appeal in Northern Ireland

Funding representation for the Special Immigration Appeals Commission

Legal Aid for SIAC appeals

Whether you can secure legal aid funding for an SIAC appeal will depend on your circumstances, including your financial situation and where you are in the UK.

Legal aid funding is currently available for appeals in England, Wales and Northern Ireland, but not for Scottish SIAC appeals.

Private fees 

Should you be funding some or all of your legal representation yourself, we will make sure you are completely clear about the likely costs involved.

To discuss our fees for Special Immigration Appeals Commission advice and representation, please get in touch.

Contact our immigration appeals lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about an immigration appeal connected to national security concerns, please do not hesitate to get in touch.

You can contact our dedicated immigration lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for immigration appeals

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Numbers:

Birmingham – 07891 777090

Brent & Camden London – 07836 577556

Manchester – 07798 701339

This document does not constitute legal advice.