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FM challenges the refusal of the Secretary of State to grant him British citizenship. As part of that challenge he claims under section 53 of the Race Relations Act 1976 to have been discriminated against on grounds of race.
Mr de Mello on FM’s behalf contends that the Commission should give directions for the appointment of lay assessors or lay panel members to assist the Commission in the determination of his discrimination claim. He relies on the principles of equivalence and effectiveness required in EU Law and the fact that lay assessors are used in the County Court in discrimination claims and lay panel members can be appointed in the Employment Tribunal.
Ms Callaghan on behalf of the Secretary of State contends the Commission has no power to appoint lay members or assessors and that it is, in any event, competent, as constituted, to adjudicate on FM’s race discrimination claim.
It is necessary first of all to bear in mind the genesis of the Commission. The Commission was created by the Special Immigration Appeals Commission Act 1997. It is an unusual but particular creature of statute. It has powers given to it under that Act, and under the Act as amended and under subsidiary legislation under the Act.
By section 6A, section 5 applies in relation to reviews under section 2D as it applies in relation to appeals under section 2 or 2 B.
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