[SCHEDULE 4A Deprivation of Citizenship Without Notice: Judicial Oversight]
British Nationality Act 1981 (1981 c 61) | Legislation

[SCHEDULE 4A Deprivation of Citizenship Without Notice: Judicial Oversight]

[Section 40(5E)]

[Deprivation without notice: application to Special Immigration Appeals Commission

1

(1)     If the Secretary of State proposes to make a conducive grounds deprivation order without notice, the Secretary of State may apply to the Special Immigration Appeals Commission under this paragraph.

(2)     If the Secretary of State makes a conducive grounds deprivation order without notice, the Secretary of State must apply to the Special Immigration Appeals Commission under this paragraph within the period of seven days beginning with the day on which the order is made (unless an application has already been made under sub-paragraph (1)).

(3)     The function of the Commission on an application under this paragraph is to determine whether, in respect of each condition in section 40(5A) on which the Secretary of State relies, the Secretary of State's view is obviously flawed.

(4)     In determining that question, the Commission must apply the principles that would be applicable on an application for judicial review.

(5)     If the Commission determines that the Secretary of State's view is obviously flawed

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