Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
18F Provisions applying to appeals
  • (1) The Board shall determine any appeal under section 18C of this Act on the papers, and with all reasonable speed.

    (2) On any such appeal—

    • (a) it is the responsibility of the appellant to ensure that all information, evidence, and submissions that the appellant wishes to have considered in support of the appeal are received by the Board within the period of 42 days prescribed by section 18C(3) of this Act; and

    • (b) the Board is not obliged to consider any material supplied by the appellant after that period, other than—

      • (i) information requested by the Board and supplied by the appellant within such time as the Board may specify; or

      • (ii) information provided by way of rebuttal or comment pursuant to subsection (7) of this section.

    (3) Where an appeal is lodged under section 18C of this Act,—

    • (a) the Board shall give to the Secretary of Labour a copy of the notice of appeal and any information, evidence, or submissions lodged by the appellant; and

    • (b) the Secretary of Labour shall, within the time allowed by the Board for the purpose, lodge with the Board any file relating to the appellant that is held by the Secretary, and may also lodge such other information, evidence, or submissions in relation to the matter under appeal as the Secretary thinks fit.

    (4) Subject to subsections (4A) to (7), the Board, in determining the appeal,—

    • (a) may seek and receive such information as it thinks fit, and consider information from any source; but

    • (b) may not consider any information or evidence adduced by the appellant that was not provided to the visa officer or immigration officer before the time at which that officer made the decision on the application for the residence visa or residence permit that is the subject of the appeal.

    (4A) The Board may consider information or evidence not provided by the appellant to the relevant officer before the time of the relevant decision if—

    • (a) the Board is satisfied that—

      • (i) the information or evidence existed at the time the decision to refuse the visa or permit was made, and would have been relevant to the making of that decision; and

      • (ii) the appellant could not, by the exercise of reasonable diligence, have placed that information or evidence before the visa officer or immigration officer at the time at which the officer made the decision on the application; and

      • (iii) in all the circumstances it is fair to consider the information or evidence; or

    • (b) the Board considers that it is necessary for it to have the information or evidence for the purpose of considering whether or not to make a determination under section 18D(1)(f).

    (5) Where—

    • (a) the Board considers that the decision under appeal depended, in whole or in part, upon the recorded results of an interview conducted with the appellant or with some other person connected with the application; and

    • (b) those results involved the recording of an exercise of judgment on the part of the interviewing officer as opposed to the recording of facts; and

    • (c) the Board considers that further written evidence or submissions will not assist to confirm or test those results,—

    the Board may require the Secretary of Labour to arrange for an interview to be conducted with any specified person for any specified purpose and in any specified manner and for the report of that interview to be provided to the Board, but in any such case the interview shall not be conducted by any visa officer or immigration officer who has previously interviewed that person.

    (6) Where—

    • (a) it comes to the attention of the Board that any particular event has occurred after the time at which the visa officer or immigration officer made the decision on the appellant's application for the residence visa or residence permit; and

    • (b) the Board is satisfied that the event materially affects the applicant's eligibility under Government residence policy,—

    the Board may, if it considers it fair in all the circumstances to do so, determine the appeal in the manner set out in section 18D(1)(d) of this Act.

    (7) Subject to subsection (8) of this section, where—

    • (a) the Secretary lodges any material with the Board under subsection (3) of this section, or the Board obtains information from any other source; and

    • (b) that material or information is or may be prejudicial to the appellant; and

    • (c) the appellant has not previously been afforded an opportunity to comment on the material or information; and

    • (d) the Board proposes to take that material or information into account in determining the appeal,—

    the Board shall disclose that material or information to the appellant by notifying it to the appellant as soon as practicable after it is lodged with or received by the Board, and shall give the appellant an opportunity to rebut or comment on the material or information within such reasonable time as is specified by the Board.

    (8) Nothing in subsection (7) of this section requires the Board to disclose to the appellant or to any other person any information the disclosure of which would be likely to endanger the safety of any person.

    (9) Where the Board does not disclose certain information in reliance on subsection (8) of this section, the Board shall notify the appellant of the fact of non-disclosure.

    Section 18F: inserted, on 18 November 1991, by section 9 of the Immigration Amendment Act 1991 (1991 No 113).

    Sections 18F(1): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Sections 18F(2): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Sections 18F(3): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(4): substituted, on 1 October 1999, by section 16 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 18F(4): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(4A): inserted, on 1 October 1999, by section 16 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 18F(4A): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(5): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(6): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(7): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(8): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 18F(9): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).