Section 39Part 4 — Permanent Residence and Extended Residence Categories
Qualification for legal and ordinary residence in Part IV
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39. In relation to the qualification for legal and ordinary residence referred to in this Part —
where any question arises as to whether a person was or was not, during any material period, legally and ordinarily resident in the Islands, such questions shall be decided by the Board or the Chief Immigration Officer; and
nothing in this subsection shall have effect so as to preclude any person from appealing to the Immigration Appeals Tribunal under section 15 on the grounds that the Board or the Chief Immigration Officer came to the wrong decision on the question of whether during any material period he was or was not legally and ordinarily resident in the Islands.