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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).

Part 5
Appeals

From the Residence Review Board and the Removal Review Authority

  • Heading: substituted, on 18 November 1991, by section 35 of the Immigration Amendment 1991 (1991 No 113).

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

115 Appeal against decision of Residence Review Board on question of law
  • (1) Where any party to any appeal to the Residence Review Board under this Act (being either the person who appealed to the Board or the Secretary of Labour) is dissatisfied with any determination of the Board in the appeal proceedings as being erroneous in point of law, that party may appeal to the High Court on that question of law.

    (2) Every appeal under this section shall be brought within 28 days after the date on which the decision of the Board to which the appeal relates was notified to the party appealing, or within such further time as the High Court may allow on application made before the expiry of that 28-day period.

    (3) On any such appeal the High Court shall determine the question or questions of law arising in the proceedings, and shall thereupon do any 1 or more of the following things:

    • (a) confirm the decision in respect of which the appeal has been brought:

    • (b) remit the matter to the Residence Review Board with the opinion of the High Court thereon, together with any directions as to how the matter should be dealt with:

    • (c) make such other orders in relation to the matter as it thinks fit.

    (4) Subject to subsections (2) and (3) of this section, every appeal under this section shall be dealt with in accordance with rules of Court.

    Section 115: substituted, on 18 November 1991, by section 35 of the Immigration Amendment 1991 (1991 No 113).

    Section 115(1): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 115(1): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 115(2): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 115(3)(b): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).