Immigration Act 1987

(1) Except as otherwise provided in this Act, every member of the Tribunal shall hold office for a term of 3 years, but any such member may from time to time be reappointed.

(2) Notwithstanding that the term of office of a member of the Tribunal may have expired, the member shall, unless sooner vacating office under clause 2 of this Schedule, continue to hold office until his or her successor comes into office.

(3) Notwithstanding that the term of office of a member of the Tribunal has expired or that a member of the Tribunal has resigned, the member shall be deemed to continue a member of the Tribunal for the purpose of deciding any appeal that was wholly heard before the expiry of the term of office or before the resignation took effect, as the case may be.

Clause 1(1): amended, on 1 January 2002, by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).

(1) Any member of the Tribunal may at any time be removed from office by the Minister of Justice for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister, or may at any time resign the office by writing addressed to the Minister.

(2) If any member of the Tribunal dies or resigns or is removed from office, the office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.

(3) The Minister of Justice may appoint any person to fill an extraordinary vacancy for the residue of any period for which the vacating member was appointed.

There shall be paid out of money appropriated by Parliament for the purpose to the members of the Tribunal remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Tribunal were a statutory Board within the meaning of that Act.

(1) The Minister of Justice may from time to time appoint any person to be the deputy of any member of the Tribunal. The deputy of any member shall have authority to act as a member of the Tribunal in the event of the absence from any sitting of the member whose deputy he or she is, and while so acting shall be deemed to be a member of the Tribunal. Every such deputy shall hold office during the pleasure of the Minister of Justice

(2) A deputy of the member who is the presiding member of the Tribunal shall be a person who is qualified to be appointed as presiding member.

(1) In the event of the sickness or other incapacity of any member of the Tribunal, the Minister of Justice may appoint any person to act in the place of that member during the incapacity.

(2) Any person appointed under this clause to act in the place of the presiding member shall not act as presiding member by reason only of appointment under this clause.

The Tribunal shall have a seal which shall be judicially noticed in all Courts and for all purposes.

The Tribunal shall, within the scope of its jurisdiction, be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any regulations made under this Act, all the provisions of that Act, except sections 11 and 12 (which relate to costs) shall apply accordingly.

(1) Sittings of the Tribunal shall be held at such times and places as the Tribunal or the presiding member from time to time appoints.

(2) Any sitting of the Tribunal may be adjourned from time to time and from place to place by the Tribunal or the presiding member.

(3) No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.

No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or by any member thereof in good faith in pursuance or intended pursuance of the powers and authorities of the Tribunal.

(1) The procedure of the Tribunal shall, subject to this Act and to any regulations made under this Act, be such as the Tribunal thinks fit.

(2) No appointment under clause 4 or clause 5 of this Schedule and no act done by any person by virtue of any such appointment and no act done by the Tribunal while any person is acting as a deputy, or in the place, of a member of the Tribunal by virtue of any such appointment shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

(3) Proceedings before the Tribunal shall not be held bad for want of form.

(1) For the purposes of any appeal under section 22 or section 104 of this Act, and notwithstanding anything in Schedule 3 to this Act, the Tribunal may make such inquiries and obtain such reports (if any) as it considers necessary and shall not be bound by any rules of evidence but may inform itself in such manner as it thinks fit.

(2) Subject to subclause (1) of this clause, the Evidence Act 2006 shall apply to the Tribunal in the same manner as if the Tribunal were a Court within the meaning of that Act.