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Article 10 Secretary of State’s reply to an appealF6I1

United Kingdom

F1(A1)

This rule does not apply to an application to the Commission for review under section 2C F2, 2D F3, 2E or 2F of the 1997 Act.

F4(1)

Where the Secretary of State intends to oppose an appeal, he must file with the Commission—

(a)

a statement of the evidence on which he relies in opposition to the appeal; and

(b)

any exculpatory material of which he is aware.

(2)

Unless the Secretary of State objects to the statement being disclosed to the appellant or his representative, he must serve a copy of the statement of evidence on the appellant at the same time as filing it.

(3)

Where the Secretary of State objects to a statement filed under paragraph (1) being disclosed to the appellant or his representative, rules 37 and 38 shall apply.

F5(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).

Annotations

Textual amendments

F1

Rule 10(A1) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 15

F2

Words in rule 10(A1) substituted (14.4.2015) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 6

F3

Words in rule 10(A1) substituted (28.6.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022 (S.I. 2022/571), regs. 1(2), 2(3)(c)

F4

Rule 10(1) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 9(a) (with rule 35)

F5

Rule 10(4) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 9(b) (with rule 35)

F6

Words in rule 10 heading inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 14

Commencement

I1

Rule 10 in force at 1.4.2003, see rule 1

Notes on Part 2

Textual amendments

F1

Pt. 2 heading substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 5