TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 164

FR.

PANT IX: RIGHTS OF APPEAL

20. Where refusal of leave to enter is confirmed, the passenger chould be handed a notice informing him of the decision and of the reasons for refusal. This notice will also state his right of appeal, except in cases of refusel under paregraph 76(a) in which by virtue of section 13(5) of the Act no

eppeal lies.

If he has difficulty in understanding the notice, its meaning

should be explained to him.

81. A person who claims to have the right of abode may appeal immediately against a decision that he or she requires leave to enter the United Kingdom

provided

he is a British citizen who is not within section 3(9)

of the Act; ΟΙ

he is within section 3(9) of the Act, but he satisfies the

requirement in section 3(9)(a) or (b) of the Act, or

produces a certificate of entitlement.

To

}

A person who holds a current entry clearance or who is a person named in 2

current work permit and who is entitled to appeal against refusal of leave

to enter may also appeal before he is removed from the United Kingylom.

essist him in deciding whether to appeal he should be given facilities to

communicate with friends, relatives, a legal adviser, the United Kingdom

Immigrants Advisory Service or his Consul or High Commission as he may wish.

in such a case, if notice of appeal is lodged, the Immigration Officer should provide the adjudicator and the appellant, as soon as possible, with a written

summary of the facts of the case and the reasons for the decision. When it

is not practicable to supply a written statement, the representative of the

Immigration Service at the hearing will outline the case.

82. In all other cases, irrespective of the passenger's national status, it

should be explained to him that his right of appeal is exercisable only after he has left the United Kingdom.

83.

Whe re

a passenger is admitted but is aggrieved by a time limit.or condition imposed, or it is clear that it will leave him dissatisfied, it

should be explained that his proper course is to apply to the Home Office for variation of his leave, end that he will have a right of appeal if variation

is refused, provided he applies before the time limit on his stay expires.

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