540. Objections to prohibited communications and redacted evidence.

Where the Secretary of State1 objects to a proposed communication between the appellant or applicant2 and the special advocate3 or to the disclosure of closed material4 the Special Immigration Appeals Commission5 must decide6 whether to uphold the objection7. Unless:

  1.  

    (1)     the special advocate gives notice to the Commission that he does not challenge the objection8;

  2.  

    (2)     the Commission has previously considered an objection by the Secretary of State relating to the same or substantially the same communication or material and is satisfied that it would be just to uphold the objection without a hearing9; or