1989 Ed.]
Immigration (Refugee Status Review Boards) (Procedure) Regulations
[CAP. 115
L3
[Subsidiary]
(3) Subject to subregulation (2), in the event of a difference of opinion between members of a 2-member board, the decision of the person presiding shall prevail and, in the case of a 3-member board, the decision of the majority shall prevail.
5. Manner of making application for a review
(1) Any person desiring to apply to a Board for a review under section 13F may do so by giving written notice of such application, within the time prescribed in section 13F(1), to the Chairman.
(2) The notice of application shall be accompanied by any representations and documentary evidence which the applicant wants the Board to consider.
6. The representative of the applicant
(1) Anything which the applicant may do under these regulations, his representative may do on his behalf.
(2) The legal representative of the applicant shall be such legal practitioner (being a legal practitioner entitled to practise in Hong Kong) as the applicant may designate to the Chairman and, if no such person is so designated, then the prescribed person shall be deemed to be the representative of the applicant for the purposes of these regulations.
7. Papers to be made available to the representative
For the purpose of enabling the applicant to determine whether or not to apply to a Board for a review and to enable him to consider what representations to make in respect thereof, files containing copies of-
(a) the determination of the immigration officer not to allow the person detained under section 13D(1) refugee status and the reasons for that determination; and
(b) all material upon which this determination was based, including any questions put to that person and his answers in respect thereof,
shall, at the time of serving notice under section 13D(3) on that person, be made available by the Director for inspection by the representative of the applicant and by the Commissioner.
8. Sittings to be in private
A Board shall sit in private.
1989 Ed.]
Immigration (Refugee Status Review Boards) (Procedure) Regulations
[CAP. 115
L3
[Subsidiary]
(3) Subject to subregulation (2), in the event of a difference of opinion between members of a 2-member board, the decision of the person presiding shall prevail and, in the case of a 3-member board, the decision of the majority shall prevail.
5. Manner of making application for a review
(1) Any person desiring to apply to a Board for a review under section 13F may do so by giving written notice of such application, within the time prescribed in section 13F(1), to the Chairman.
(2) The notice of application shall be accompanied by any representations and documentary evidence which the applicant wants the Board to consider.
6. The representative of the applicant
(1) Anything which the applicant may do under these regulations, his representative may do on his behalf.
(2) The legal representative of the applicant shall be such legal practitioner (being a legal practitioner entitled to practise in Hong Kong) as the applicant may designate to the Chairman and, if no such person is so designated, then the prescribed person shall be deemed to be the representative of the applicant for the purposes of these regulations.
7. Papers to be made available to the representative
For the purpose of enabling the applicant to determine whether or not to apply to a Board for a review and to enable him to consider what repre- sentations to make in respect thereof, files containing copies of-
(a) the determination of the immigration officer not to allow the person detained under section 13D(1) refugee status and the reasons for that determination; and
(b) all material upon which this determination was based, including any questions put to that person and his answers in respect thereof,
shall, at the time of serving notice under section 13D(3) on that person, be made available by the Director for inspection by the representative of the applicant and by the Commissioner.
8. Sittings to be in private
A Board shall sit in private.
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Private notes are available after approval.