Costs
R (on the application of the Secretary of State for the Home Department) v Special Immigration Appeals Commission [2026] EWCA Civ 992
The Court of Appeal dismissed H7 and H15’s appeal against the Divisional Court’s decision that the Special Immigration Appeals Commission (SIAC) had no power to award costs in review proceedings. The case arose from SIAC’s decision in FGF’s case that it had jurisdiction to award costs when the home secretary withdrew a naturalisation decision. The home secretary brought judicial review proceedings against SIAC to quash that decision. H7 and H15, who had their own pending costs applications before SIAC, were joined as interested parties. The Divisional Court quashed SIAC’s decision and declared that SIAC lacked power to award costs in review cases under ss 2C-2F of the Special Immigration Appeals Commission Act 1997 (the 1997 Act). The issue was whether SIAC has the power under s 2D of the 1997 Act to award costs in review proceedings. The Court of Appeal held that ss 2D(3) and (4) of the 1997 Act, properly construed, did not confer a costs jurisdiction
