14
by the Commissioner in a
written notice served personally
on the holder; or
(b). refuse the application.
(3) Where an application under
subsection (1) is refused by the Commissione:
the holder may, within 14 days of being
informed of such refusal, appeal to a
magistrate against that refusal and,
subject to section 170; the magistrate may,
if after considering the grounds of the
application and any evidence which may
be adduced in relation thereto by either
party, he is satisfied that detention of
the travel document will, having regard to
all the circumstances, cause unreasonable
hardship to the holder, order that the
travel document be returned to the holder,
either without conditions or on condition
·
that it be further surrendered to the
Commissioner within such time, and upon
such further conditions, as may be specified
in the order.