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The Special Immigration Appeals Commission (Procedure) Rules 2003

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Appointment of special advocate

34.—(1) Subject to paragraph (2), the Secretary of State must, upon being served with a copy of a notice of appeal or application under these Rules, give notice of the proceedings to the relevant law officer.

(2) Paragraph (1) applies unless—

(a)the Secretary of State does not intend to—

(i)oppose the appeal or application; or

(ii)object to the disclosure of any material to the appellant; or

(b)a special advocate has already been appointed to represent the interests of the appellant in the proceedings.

(3) Where notice is given to the relevant law officer under paragraph (1), the relevant law officer may appoint a special advocate to represent the interests of the appellant in proceedings before the Commission.

(4) Where any proceedings before the Commission are pending but no special advocate has been appointed, the appellant or the Secretary of State may at any time request the relevant law officer to appoint a special advocate.

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