Gov’t proposes new appeals process to challenge immigration decisions
The government has proposed a new appeals process that promises to significantly change the landscape of the territory’s immigration practices.
In its recently released policy document on Belonger status and permanent residence in the territory, the government proposed a new appeals process aimed at providing individuals with a platform to challenge decisions made by the Chief Immigration Officer or Immigration officers.
The process proposes utilising the existing Labour Tribunal framework and officials said it is designed to “ensure fairness and balance in immigration decision-making”. Individuals engaging in the appeals process will have the right to legal representation to ensure that their case is presented effectively.
According to the document, the mechanism is designed to be accessible to anyone who believes they have been unfairly treated in immigration proceedings, including matters related to residency and administrative deportation.
This inclusive approach ensures that a wider demographic will now have the recourse to seek justice and redress in decisions that directly impact their lives.
The report further made clear that in some instances, the subject Minister will have the authority to provide an initial layer of redress for decisions made by immigration officials. This will be applicable in scenarios where there are compelling reasons to believe that the initial decision was flawed due to procedural errors, misapplication of the law, or other significant factors.
However, this power comes with a strict condition; any intervention by the Minister to reverse a decision must not compromise national security, public safety, or the collective well-being, and must be accompanied by a written rationale clearly outlining the justification for such action.
The proposed policy allows for the Labour Tribunal to be empowered to hear appeals related to immigration decisions. This will allow the Tribunal to play a pivotal role in ensuring that immigration decisions adhere to the law, established procedures, and the foundational principles of fairness and justice.
To facilitate this, clear guidelines for Tribunal proceedings will be established, promoting efficiency and fairness in the appeals process.
Tribunal members are expected to undergo specialised training to equip them with the necessary knowledge and sensitivity to handle immigration appeals effectively. This will include knowledge of immigration laws, cultural sensitivities, and human rights considerations.
The government added that insights and trends emerging from the appeals process will be analysed and used as feedback for continuous improvement of immigration policies and practices.
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Long overdue. Immigration is akin to the Gestapo in its indiscriminate inhumane treatment of people. And It has only gotten worse under its current rude and arrogant management. In addition these people are seriously damaging the economy of the country.
Not only is an appeals process necessary, but control of the arbitrary and unlawful creation of new rules and regulation by unelected civil servants drunk on their own power and importance is urgent.
EXIT AND RE-APPLY….END OF STORY
Stop deporting people who have Redidence status without an appeal. That in itself is criminal.
Exit nd reapply. Case closed. The BVI has to long been a breast nipple for the world andself entitled.
Breast nipple for what? Struuupppes haul your ignorant a$$.
The US currency might breast nipple for BVI. I don’t know about the BVI being good for the rest of the world as it’s just a tourist attraction for most outsiders. The BVI relies just as much on immigrants with a 60% workforce as they do the island.
There some aspect of the immigration law that needs to be redress. The most draconian and repressive part is the part that applies to loosing Belonger status if there is a divorce or separation. People live for 20 to 30 years as a Belonger and suddenly finds you are an illegal alien. Remember one have to wait 5 years to get the status. If I legally acquire properties as a Belonger and then loose my status after divorce am I now an illegal land owner? Interestingly this is what happens laws are introduced irrationally just to punish your brothers and sisters.
Soooooooo long overdue. Seems like the immigration department is being run like a dictatorship….
ARE RELAT0D TO mr TRUMP ?
$hut up, you sound $tupid! Tired of hearing about Trump from you idiots! Go take a big CNN dump!
Well done governor that department really needs to be put in order
it is worsed than before inmigration