1987 Ed.]
Immigration Regulations
[CAP. 115
A 23
THIRD SCHEDULE
[reg. 9A.]
1. The Director of Immigration shall cause every notice of appeal to be delivered to the chief adjudicator, or any adjudicator nominated by the chief adjudicator as soon as is practicable.
2. The Tribunal shall deal with an appeal as expeditiously as is practicable, and for that purpose may sit at any time.
3. (1) Subject to sub-paragraphs (2) and (3), an appeal to the Tribunal shall be heard and determined by 2 adjudicators sitting together.
(2) The Tribunal shall allow an appeal if either adjudicator hearing the appeal considers that the appeal should be allowed under section 53D(1) of the Ordinance.
(3) The power under section 53C of the Ordinance to dismiss an appeal without a hearing shall be exercised by 2 adjudicators who need not consider the appeal together, but each of whom shall record his decision in writing.
4. An appeal shall be heard in private:
Provided that the Tribunal may, if it thinks proper, permit any person to be present at the hearing.
5. A Tribunal may consider any matter which appears to it to be relevant to any ground of appeal permitted by the Ordinance notwithstanding the omission of any reference to such matter in the notice of appeal, and may receive and consider any evidence which appears to it to be relevant to the issues before it notwithstanding that the evidence would not be admissible in a court of law.
6. The Director of Immigration shall be the respondent to an appeal and may be represented by an immigration officer.
7. An appellant may, if the Tribunal thinks fit so to allow, be represented at the hearing by counsel or a solicitor who is authorized by the appellant to appear as his representative, and where the appellant is so represented, the Tribunal may also allow the Director of Immigration to be represented by counsel or a solicitor.
8. (1) The Director of Immigration shall, as soon as practicable after notice of appeal is given, cause--
(a) a written summary of the facts of the case and of the reasons for the removal order to be prepared and to be referred to the Tribunal; and
(b) a copy thereof to be given to the appellant and read over to him in a language he understands if he is unable to read it for himself.
(2) It shall not be necessary for the Director of Immigration to comply with sub-paragraph (1) if he is of the opinion that it is not practicable to do so having regard to the time available before the hearing of the appeal; but in any such case an oral statement of the facts of the case and of the reasons for the removal order shall be given at the hearing of the appeal.
9. (1) The Tribunal shall, if there is to be a hearing, cause notice in writing to be given as soon as is practicable to the Director of Immigration and to the appellant stating the time and place of the hearing.
(2) It shall be the duty of the Director of Immigration to secure, subject to paragraph 11, the attendance at the hearing notified under sub-paragraph (1), of any appellant who is in custody.
10. (1) The Tribunal may, on its own motion or, if it thinks fit, on the application of an appellant or of the Director of Immigration, by summons require any person to attend as a witness at the hearing of an appeal at such time and place as may be specified in the summons, and at the hearing to answer any questions or produce any documents in his possession, custody or power which relate to any issue in the appeal.
(2) (a) Notwithstanding sub-paragraph (1), no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings in a court of law.
[Subsidiary]
L.N. 300/80.
Duty of Director of Immigration in respect of notices of appeal.
Expediting appeals.
Appeals to be heard by 2 adjudicators.
Hearings to be in private.
Tribunal not confined to grounds set out in notice of appeal.
Respondent on an appeal.
Representation of appellant.
Director of Immigration to prepare facts for Tribunal.
Notice of hearing date and securing attendance of appellant.
Witnesses and evidence.
1987 Ed.]
Immigration Regulations
[CAP. 115
A 23
THIRD SCHEDULE
[reg. 9A.]
1. The Director of Immigration shall cause every notice of appeal to be delivered to the chief adjudicator, or any adjudicator nominated by the chief adjudicator as soon as is practicable.
2. The Tribunal shall deal with an appeal as expeditiously as is practicable, and for that purpose may sit at any time.
3. (1) Subject to sub-paragraphs (2) and (3), an appeal to the Tribunal shall be heard and determined by 2 adjudicators sitting together.
(2) The Tribunal shall allow an appeal if either adjudicator hearing the appeal considers that the appeal should be allowed under section 53D(1) of the Ordinance.
(3) The power under section 53C of the Ordinance to dismiss an appeal without a hearing shall be exercised by 2 adjudicators who need not consider the appeal together, but each of whom shall record his decision in writing.
4. An appeal shall be heard in private:
Provided that the Tribunal may, if it thinks proper, permit any person to be present at the hearing.
5. A Tribunal may consider any matter which appears to it to be relevant to any ground of appeal permitted by the Ordinance notwithstanding the omission of any reference to such matter in the notice of appeal, and may receive and consider any evidence which appears to it to be relevant to the issues before it notwithstanding that the evidence would not be admissible in a court of law.
6. The Director of Immigration shall be the respondent to an appeal and may be represented by an immigration officer.
7. An appellant may, if the Tribunal thinks fit so to allow, be represented at the hearing by counsel or a solicitor who is authorized by the appellant to appear as his representative, and where the appellant is so represented, the Tribunal may also allow the Director of Immigration to be represented by counsel or a solicitor.
8. (1) The Director of Immigration shall, as soon as practicable after notice of appeal is given, cause--
(a) a written summary of the facts of the case and of the reasons for the removal
order to be prepared and to be referred to the Tribunal; and
(b) a copy thereof to be given to the appellant and read over to him in a
language he understands if he is unable to read it for himself.
(2) It shall not be necessary for the Director of Immigration to comply with sub-paragraph (1) if he is of the opinion that it is not practicable to do so having regard to the time available before the hearing of the appeal; but in any such case an oral statement of the facts of the case and of the reasons for the removal order shall be given at the hearing of the appeal.
9. (1) The Tribunal shall, if there is to be a hearing, cause notice in writing to be given as soon as is practicable to the Director of Immigration and to the appellant stating the time and place of the hearing.
(2) It shall be the duty of the Director of Immigration to secure, subject to paragraph 11, the attendance at the hearing notified under sub-paragraph (1), of any appellant who is in custody.
10. (1) The Tribunal may, on its own motion or, if it thinks fit, on the application of an appellant or of the Director of Immigration, by summons require any person to attend as a witness at the hearing of an appeal at such time and place as may be specified in the summons, and at the hearing to answer any questions or produce any documents in his possession, custody or power which relate to any issue in the appeal.
(2) (a) Notwithstanding sub-paragraph (1), no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings in a court of law.
[Subsidiary]
L.N. 300/80.
Duty of Director of Immigration in respect of notices of appeal.
Expediting appeals.
Appeals to be beard by 2 adjudicators.
Hearings to be in private.
Tribunal not confined to grounds
set out in notice of appeal.
Respondent on an appeal.
Representation of appellant.
Director of Immigration to prepare facts for Tribunal.
Notice of hearing date and securing attendance of appellant.
Witnesses and
evidence.
No comments yet.
Private notes are available after approval.