48.—(1) This rule applies where the Commission proposes to serve [F2on the appellant]—
(a)[F3notice of] any order or direction made or given in the absence of the Secretary of State; or
(b)its determination of the proceedings.
(2) Before the Commission serves [F4any such document] on the appellant, it must first serve notice on the Secretary of State [F5and any special advocate] of its intention to do so.
(3) The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the Commission to [F6amend the order, direction or proposed determination] if he considers that—
(a)his compliance with the order or direction; or
(b)the notification to the appellant of any matter contained in the order, direction or determination,
would cause information to be disclosed contrary to the public interest.
(4) Where the Secretary of State makes an application under paragraph (3), he must at the same time serve a copy of it on the special advocate, if one has been appointed.
[F7(5) The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.]
(6) The Commission must not serve [F8any document] on the appellant as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired [F9or, where such an application is made, before it has been determined].
Textual Amendments
F1Rule 48 heading substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(a) (with rule 35)
F2Words in rule 48(1) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(b) (with rule 35)
F3Words in rule 48(1)(a) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(c) (with rule 35)
F4Words in rule 48(2) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(d) (with rule 35)
F5Words in rule 48(2) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(e) (with rule 35)
F6Words in rule 48(3) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(f) (with rule 35)
F7Rule 48(5) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(g) (with rule 35)
F8Words in rule 48(6) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(h) (with rule 35)
F9Words in rule 48(6) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(i) (with rule 35)
Commencement Information
I1Rule 48 in force at 1.4.2003, see rule 1