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The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013

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

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18.  After rule 10A, insert—

“Secretary of State’s reply to an application for review

10B.—(1) Where the Secretary of State intends to oppose an application for review, he must file with the Commission—

(a)a statement of the evidence on which he relies in opposition to the application for review; and

(b)material relevant to the issues in the application for review.

(2) Unless the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, he must serve a copy of the statement and material, or as much of the statement and material as he does not object to disclosing to the appellant or his representative, on the appellant at the same time as filing it.

(3) Where the Secretary of State objects to the statement and material filed under paragraph (1), or to part thereof, being disclosed to the appellant or his representative, rules 37 and 38 shall apply in respect of the statement and material, or the part thereof which the Secretary of State objects to disclosing to the appellant or his representative.

(4) Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement and material filed under paragraph (1).”.

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