The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007

Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

10.  After rule 10, insert—

“Further material

10A.— (1) Where the appellant wishes to rely on evidence in support of his appeal, he must file with the Commission and serve on the Secretary of State and on any special advocate a statement of that evidence.

(2) Where the appellant serves a statement under paragraph (1), the Secretary of State must—

(a) make a reasonable search for exculpatory material;

(b) notify the appellant of the extent of that search, subject to paragraph (4);

(c) file with the Commission any exculpatory material; and

(d) if he wishes to rely on further evidence, file with the Commission a statement of that evidence.

(3) The factors relevant in deciding the reasonableness of a search include the following—

(a) the number of documents involved;

(b) the nature and complexity of the proceedings;

(c) whether the documents are in the control of the Secretary of State;

(d) the ease and expense of retrieval of any particular document;

(e) the significance of any document which is likely to be located during the search.

(4) Where the Secretary of State considers that the disclosure of particular information in the notification under paragraph (2)(b) would be contrary to the public interest, he must—

(a) omit that information from the notification to be served on the appellant; and

(b) serve a copy of the notification, including that information, on the special advocate.

(5) Both the appellant and any special advocate may apply to the Commission for a direction requiring the Secretary of State to file further information about his case, or other information.

(6) An applicant under paragraph (5) must indicate why the information sought is necessary for the determination of the appeal.

(7) The Commission may make a direction on an application under paragraph (5) where it considers that the information sought—

(a) is necessary for the determination of the appeal; and

(b) may be provided without disproportionate cost, time or effort.

(8) The Secretary of State must serve a copy of any statement or material filed under paragraph (2) or of information filed pursuant to a direction under paragraph (7), at the same time as filing it, on—

(a) any special advocate; and

(b) the appellant, unless he objects to the disclosure of the statement, material or information to the appellant or his representative.

(9) Where the Secretary of State objects to any such disclosure, rules 37 and 38 apply.

(10) Any duty to file material or a statement of evidence continues until the appeal has been determined.

(11) Where material or a statement to which that duty extends comes to a party’s attention before the appeal has been determined, he must immediately—

(a) file it with the Commission; and

(b) serve it on the other party and on any special advocate, except that paragraphs (8) and (9) apply to that material or statement as they apply to the material and statement referred to in those paragraphs.”.