Article 39 DirectionsI1

United Kingdom

(1)

The Commission may F1, in addition to its power to give directions under rule 9A(2), give directions relating to the conduct of any proceedings.

(2)

The power to give directions is to be exercised subject to—

F2(a)

these Rules, including in particular—

(i)

the obligation in rule 4(1) to ensure that information is not disclosed contrary to the public interest; and

(ii)

in the case of an application by the Secretary of State under Schedule 4A to the 1981 Act, the obligations in rule 25E to determine the application on paper without a hearing before the Commission and within a particular time; and

(b)

any decision which the Commission makes under rule 38(6).

(3)

Directions under this rule may be given orally or in writing.

(4)

Subject to rule 48, the Commission must serve notice of any written directions on every party.

(5)

Directions given under this rule may in particular—

(a)

specify the length of time allowed for anything to be done;

(b)

vary any time limit;

(c)

require any party to file and serve—

(i)

further details of his case, or any other information which appears to be necessary for the determination of the appeal or application;

(ii)

witness statements;

(iii)

written submissions;

(iv)

a statement of any interpretation requirements; or

(v)

any other document;

(d)

provide for—

(i)

a particular matter to be dealt with as a preliminary issue; or

(ii)

a pre-hearing review to be held;

(e)

relate to any matter concerning the preparation for a hearing;

(f)

specify—

(i)

the manner in which any evidence is to be given; and

(ii)

the witnesses, if any, to be heard;

(g)

provide for a hearing to be conducted or evidence given or representations made by video link or by other electronic means; and

(h)

make provision to secure the anonymity of the appellant or a witness.

(6)

The power to give directions may be exercised in the absence of the parties.

Annotations

Textual amendments

F1: Words in rule 39(1) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 25 (with rule 35)
F2: Rule 39(2)(a) substituted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 11(2); S.I. 2023/450, reg. 2(a)

Commencement

I1: Rule 39 in force at 1.4.2003, see rule 1