Part II Administration
Appeals
It is proposed that appeals against a decision of an Immigration Officer will now be made to the pertinent Board rather than the Work Permit Board as is the case presently. Also, the categories of decision that may be appealed are to be expanded to include the refusal of a Temporary Work Permit and the refusal of an application for a Persons of Independent Means.
The conduct of appeals contained in section 16 of the law has been re-drafted to give effect to a new procedure. Upon receipt of a notice of appeal the Board or the Immigration Appeals Tribunal (IAT) will within fourteen days notify the Immigration Officer or the Board, as the case may be, of the decision against which the appeal is made.
The Immigration Officer or the Board then has twenty-eight days to submit to the Board or the IAT, as the case may be, and the appellant the reasons for his or its decision. The appellant will then have twenty-eight days to file his grounds of appeal and upon receipt of such grounds the Immigration Officer or the Board will have the opportunity to file a written defence.
The appellant will still have the option of being heard personally at the hearing and appeals to the IAT will be by way of rehearing. The section also makes provision for the IAT when hearing an appeal to take into account fresh evidence and any change in circumstances that may have arisen in relation to the parties.