We therefore recommend that, in general, the detailed procedure for processing VII appeals in paragraph 10(a) should apply and that the sub-committee be called upon to handle exceptional cases when necessary.
The statutory procedure under Section 53 of the Ordinance will have to apply at least in the interim pending any decision on the introduction of new legislation to relieve Members of the burden of handling appeals.
Legal Advice
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The Attorney General has advised that provided all appeals are placed before the full Council, there can be no objection to groups of Members examining each case and recommending how it should be determined. Any decision however must be made by the Governor in Council rather than the individual Member. For that reason, the papers in each case must be before the Council to enable Members to decide the issue.
Judicial Review
14
The decision of the Governor in Council will be final and cannot be subject to judicial review. However, a person aggrieved by a decision to deny him refugee status could apply to the High Court to have that decision judicially reviewed instead of appealing by way of objection to the Governor in Council. On judicial review the Court cannot substitute its own decision for that of the immigration officer, but it can order him to reconsider his decision if it finds that the original decision was wholly unreasonable or if in reaching that decision, relevant matters were ignored or irrelevant matters taken into account. Legal aid would be available for judicial review proceedings, provided the usual tests on the means of the applicant and the merits of the case are satisfied.
Discussions with the UNHCR
15
an
We have discussed with UNHCR representatives including a Legal Officer from UNHCR Geneva, the screening questionnaire and the appeals procedure. The UNHCR have proposed additional questions to be included in the screening questionnaire. These questions are designed to obtain more detailed information on the general background of interviewee and members of his family including an interviewee's economic and social rights, involvement in political parties and religious activities in Vietnam. content with the revised questionnaire proposed by the UNHCR at Annex F as the basis for interviews As regards the appeals procedure, the UNHCR have generally accepted the procedure as outlined in paragraph 7 but raised the question
We are