Experienced barristers to serve on immigration appeals board (update)

The new board, which will have experienced barristers as chairman and deputy chairman, will also have a total pool of 12 members available to hear appeals as required.

The tribunal was proposed after Supreme Court ruled that the present appeals method, from the Minister to a Cabinet committee, was unconstitutional because any appeals mechanism should be independent of the executive.

Mr Perinchief said: “The bill bequeaths to the appeal tribunal the powers of a court of summary jurisdiction which demonstrates the seriousness and depth to which it is expected its functions will be executed.”

He added that dissatisfied applicants will still be able to appeal to Supreme Court from the appeals tribunal.

The board members will be appointed by Mr Perinchief in consultation with Premier Paula Cox.

He said: “This mode of appointment exists in several other areas with statutory bodies and, as has been demonstrated regularly, boards appointed in this manner do not fail to exercise the independence demanded of them by the statute which governs their respective mandates.”

Members of the appeals board must also signal any conflict of interest, which automatically disqualifies them from involvement in the matter under discussion.

The new approach was approved by Parliament last Friday, but still has to be approved by Senate before being signed into law.