s.16Conduct of appeals
16
Section 16Part 2 — Administration

Conduct of appeals

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A hearing on grounds as referred to in section 15(8)(a) shall take into account —
the reasons provided by the Chief Immigration Officer or the Board under section 15(5) and all information that was submitted by the appellant at the time of his original application; and
the written detailed grounds filed by the appellant under section 15(6).
A hearing on grounds under subsection (1) shall be on the basis of the written grounds filed by the appellant and neither the parties nor their representatives shall be present at the hearing.
Notwithstanding subsection (2), the Immigration Appeals Tribunal or the pertinent Board, as the case may be, may, in its absolute discretion, call upon either party or any persons as it deems necessary and relevant to address it.
Where at a hearing on grounds the Immigration Appeals Tribunal or the pertinent Board determines that at least one of the grounds contained in section 15(7) has been made out, the Immigration Appeals Tribunal or the pertinent Board shall proceed to a rehearing of the original application which was the subject of the appeal.
The Immigration Appeals Tribunal or the pertinent Board when rehearing an application under subsection (4) shall do so by way of a hearing de novo and shall take into account any fresh evidence put forward by the appellant or the Chief Immigration Officer or the Board that may have arisen in relation to the parties, which is to be submitted in writing.
The law in force at the time of the rehearing by the Immigration Appeals Tribunal or the Board shall govern the proceedings under subsection (5).
Neither the appellant nor his representative shall be permitted to be present at the rehearing of the original application which shall be based on written submissions with respect to fresh evidence or changes in circumstances.
Where in the opinion of the Immigration Appeals Tribunal an appeal under this section was made frivolously, vexatiously or in bad faith, it may award costs on an indemnity basis.
Representatives appearing on behalf of either party need not be persons having legal qualifications.
An appeal to the Immigration Appeals Tribunal, and matters referred to the Immigration Appeals Tribunal may not be remitted to the pertinent Board or to the Chief Immigration Officer.
Decisions of the Immigration Appeals Tribunal and the pertinent Board shall be notified to the appellant within a reasonable period of time.

Cross References

Referenced By