Appeal procedures
The procedures of the Immigration Appeals Board are governed by the Foreign Nationals Act, the Regulation on Foreign Nationals, and the Administrative Procedure Act. Generally, two board members shall render a decision in each case that comes before the board, subject to exceptions in paragraphs 3 and 4 of Article 8 of the Foreign Nationals Act. If the board members do not agree on the decision, a third board member is called upon, and then the majority decides. The chairman is authorized to decide that the board should be fully constituted when handling a case if he deems the case to be significant or precedent-setting.
After an appeal is received by the Appeals Board, both the authority and the appellant are given a reasonable deadline to submit comments and/or additional evidence. The appellant then has the opportunity to specify the main points of importance.
The Appeals Board re-evaluates all aspects of the case. It can either confirm the decision in full, modify it, or overturn it in part or in whole. The board can also refer the matter back to the Directorate of Immigration for further handling.
Proceedings are generally conducted in writing. In cases involving applications for international protection or residence permits based on humanitarian grounds, the Appeals Board may invite the appellant to appear before the board to discuss the merits of the case or specific details. The board can also call upon others besides the appellant, such as the appellant’s spouse or other relatives.
Board members are allowed to decide alone on cases concerning visa’s, requests for suspension of the legal effects of decisions by the Directorate of Immigration and the Appeals Board. Moreover, the chairman or vice-chairman may decide alone in cases involving applications for international protection if the appellant is a citizen of a country listed by the Directorate of Immigration as a safe country of origin or if the Directorate has processed the case under expedited procedures pursuant to Article 29 of the Foreign Nationals Act. A fully constituted board may also delegate to one board member the authority to decide alone in other types of cases where the board considers the procedures and precedents to be so clear that handling such matters at a board meeting is unnecessary.