ImmigrationAppeals Tribunal Now a Reality
Mrs. TwilaEscalante, Chairman of the Immigration Appeals Tribunal
Two months ago, the Executive Council signedinto law an Immigration amendment that would allow for an ImmigrationAppeals Tribunal of members of the private sector to hear appealsagainst Immigration Board decisions on issues such as Caymanianstatus, permanent residency and work permits.
This decision was made in the public's bestinterest as the Committee assigned to hear immigration appealsare the same officials who appoint the Immigration Board.
Past Government Administrations have listedthe independence of Immigration appeal as a topic to be dealtwith but until now, nothing had been accomplished.
Currently the Governor-in-Council who oversawappeals consisted of the Governor, the five Elected Ministers,the Attorney General, the Financial Secretary, and the Chief Secretary.
The new amendment to the law creates a cleardistinction between the Executive Council's policy-making roleand the Tribunal's responsibility to carry out such policy ina fair and timely manner.
The Tribunal is mandated to meet at leastonce in every calendar month-more at the discretion of the Chairmanif it is in the best interest of the public. Decisions on appealswill be made through majority vote.
With nearly 16, 000 applications for workpermits, there is approximately no more than five percent denials.
With the placement of this function of appealsthe Tribunal will allow the Executive Council to turn its focusto more pressing issues including the complete overhauling ofImmigration and the economy.
According to the Amendment allowing forthe Tribunal, anyone with a substantial complaint concerning theImmigration Board's refusal of request, may lodge a written appealwithin 28 days of receiving written refusal from the Board.
At that time, the Tribunal will review theappeal, assign a date, and a rehearing will occur. The ImmigrationBoard or the Executive Council cannot overturn any decision madeby the Tribunal.
However, the Immigration Board will alsohave 28 days to defend in writing any decision against which anotice of appeal has been served. The Board's deadline can beextended at the discretion of the Tribunal Chairman pending suitablyextenuating circumstances.
The process for filing an appeal has beencarefully mapped out in the amendment to the law. Anyone filingan appeal must submit a formal "notice of appeal" formalong with all other documentation pertinent to the case, suchas the original application, the denial notification, and approvalof appeal.
Those filing for appeal also have two optionsin which to present their case. They can either appear beforethe Tribunal in person, with legal counsel if they deem such necessary.Or they can appeal in writing.
The appeal process, however, is not free.A fee of CI$250 will be due at the time of appeal submission.
Taking the rights of appeal one step further,the Amendment allows for a third action. Anyone dissatisfied withthe results of their appeal hearing can then take their case tothe Grand Court. However, the Grand Court will only hear casesthat question the implementation of the points of law detailedin the Immigration Law document.
The Immigration Appeals Tribunal holds itsfirst meeting this week.