s.15Appeals from decisions of Boards and Chief Immigration Officer
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Section 15Part 2 — Administration

Appeals from decisions of Boards and Chief Immigration Officer

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Save as otherwise provided in this Law, any person aggrieved by, or dissatisfied with, any decision of the Chief Immigration Officer under section 30, 37C, 42(5) or 49 or of a Board other than a decision under section 14 may, within —
twenty-eight days of the communication of the decision to him; or
such longer period as the Chairman of the Appeals Tribunal may, for good reason shown, allow,
Appeals under this section and section 14 shall be by notice in writing addressed to the Secretary of the Immigration Appeals Tribunal or, in the case of an appeal under section 14, the Secretary of the pertinent Board and such notice —
shall set forth the decision against which the appeal is made; and
shall be accompanied by a copy of the original application which is the subject of appeal and the prescribed non-refundable fee.
Any correspondence from the pertinent Board or the Immigration Appeals Tribunal under this section or section 16 to the appellant —
by post, shall be deemed to have been received by him no later than seven days from the date of dispatch; or
by electronic mail, shall be deemed to have been received by him no later than twenty-four hours after its transmission.
At a hearing on grounds under subsection (1) the Immigration Appeals Tribunal shall apply the Law that is or was in effect at the time of the Board’s or the Chief Immigration Officer’s decision.
On receipt of a notice of appeal the pertinent Board or the Immigration Appeals Tribunal shall, within fourteen days, notify the Chief Immigration Officer or the Board, as the case may be, of the decision against which the appeal is made.
Upon receipt of a notification under subsection (4) the Chief Immigration Officer or the Board, as the case may be, shall, within a reasonable period, deliver to the Immigration Appeals Tribunal or the Board and the appellant, the reasons for his or its decision.
Upon receipt of the reasons referred to in subsection (5) the appellant shall within twenty-eight days in the case of an appeal under this section, or fourteen days in the case of an appeal under section 14, file his detailed grounds of appeal upon which the hearing shall be determined by the Immigration Appeals Tribunal or the pertinent Board, as the case may be, and serve a copy thereof on the Board or the Chief Immigration Officer.
An appeal under this section or section 14 may be lodged on the ground, or grounds, and no other, that the decision in question is —
erroneous in law;
unreasonable;
contrary to the principles of natural justice; or
at variance with the Regulations.
Upon receipt of the detailed grounds and any subsequent information requested, the Immigration Appeals Tribunal or the pertinent Board may —
if it is satisfied that the appellant has complied with the requirements of this section, proceed with a hearing on grounds; or
if it is satisfied that the appellant has failed to comply with any of the requirements of this section, quash the appeal without a hearing on grounds.
In considering the detailed grounds submitted by the appellant under subsection (6), the Immigration Appeals Tribunal or the pertinent Board may request additional information or further particulars from him.
A decision under subsection (8) to quash an appeal shall not in itself give rise to a right of appeal.
The period within which detailed grounds of appeal must be filed under subsection (6) may be extended at the discretion of the Chairman of the Immigration Appeals Tribunal or the Chairman of the pertinent Board upon request of the appellant for good reason shown in writing.
The Chief Immigration Officer or the Board may, within twenty-eight days of the receipt of the grounds of appeal served under subsection (6) provide a written defence which shall be filed with the pertinent Board or the Immigration Appeals Tribunal and served on the appellant.

Cross References

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