{
  "url": "https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003/article-10",
  "json_url": "https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003/article-10.json",
  "legislation": "uksi/2003/1034",
  "legislation_title": "The Special Immigration Appeals Commission (Procedure) Rules 2003",
  "legislation_url": "https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Secretary of State’s reply to an appeal",
  "text": "(A1) This rule does not apply to an application to the Commission for review under section 2C , 2D , 2E or 2F of the 1997 Act.\n(1) Where the Secretary of State intends to oppose an appeal, he must file with the Commission—\n(a) a statement of the evidence on which he relies in opposition to the appeal; and\n(b) any exculpatory material of which he is aware.\n(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.\n(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.\n(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).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 10 in force at 1.4.2003, see rule 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/1034/article/10",
    "retrieved_at": "2026-10-29T06:26:18.096850+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}