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

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

22.  In rule 37—

(a) for paragraph (1), substitute—

“(1) In this rule, “closed material” means—

(a) material upon which the Secretary of State wishes to rely in any proceedings before the Commission;

(b) material which adversely affects his case or supports the appellant’s case, or

(c) information which he is required to file pursuant to a direction under rule 10A(7),

but which he objects to disclosing to the appellant or his representative.”;

(b) in paragraph (3), for “wishes to rely upon” substitute “is required by rule 10(2) or 10A(8) to serve on the appellant, or wishes to rely upon,”;

(c) in paragraph (3)(a), after “material” insert “, if he has not already done so”;

(d) after paragraph (4), insert—

“(4A) Where the Secretary of State serves on the special advocate any closed material which he has redacted on grounds other than those of legal professional privilege—

(a) he must file the material with the Commission in an unredacted form, together with an explanation of the redactions; and

(b) the Commission must give a direction to the Secretary of State as to what he may redact.”;

(e) in paragraph (5), after “the Commission” insert “or the agreement of the special advocate”.