Organisation and role
The Immigration Appeals Board is an independent administrative body consisting of three members: a chairman, a vice-chairman, and a member. These members are experts in matters governed by the Foreign Nationals Act, particularly regarding the residence and settlement of foreigners in Iceland, issues concerning refugees, and the right to international protection. They are appointed for a term of five years. The Minister of Justice appoints the members following an advertisement and selection process. All board members must work for the board full-time and meet the qualifications to serve as a district court judge.
The chairman of the Immigration Appeals Board is in charge of its overall management. He represents the board externally, is responsible for its finances, and daily operations. The chairman hires the board’s staff, plans the board’s meetings and case processing schedule, and makes decisions regarding case investigations and evidence collection.
In resolving appeals, the board has the same authority as a minister acting as an adjudicating entity at a higher administrative level. Being an independent administrative body, the board does not receive general or specific instructions from the minister on how to resolve cases.
The primary role of the Immigration Appeals Board is to investigate and adjudicate appeals. The board does not handle the care of applicants for international protection or provide other social assistance to which applicants are entitled. Moreover, the board does not participate in policy-making in this area beyond what follows from its decisions. The execution of the board’s rulings is the responsibility of the Directorate of Immigration and the National Commissioner of the Icelandic Police.