Asylum Appeals Process

Limitation on right to appeal 

Section 116 of the Act

1. Where –

                i. The Cabinet has certified that the appellant’s departure and exclusion from the Islands would be in the interest of national security; or

                ii.The reason for the refusal was that that person was a person to who the Refugee Convention did not apply by reason of Article 1(F) of that Convention;

                and the Cabinet has certified that the disclosure of material on which the refusal was based is not in the interest of national security; and

      2. Where the application was certified as clearly unfounded by the Director under Section 111(4A).

Filing of Notice of Appeal and Grounds of Appeal

Section 114 of the Act

1. Notice of Appeal and Grounds for asylum matters may be delivered directly to the Government Administration Building and placed in the drop box located in the reception area or scanned and sent via email to RPAT@GOV.KY. The filing of notice of appeal and grounds must be received by RPAT within 14 days of the communication of the decision, the Act states as follows:

         6. Except for a person whose application is certified as clearly unfounded in subjection (4A), a person whose application for asylum has been refused may –

              a) no later than fourteen days after the persons is notified of the decision; or

              b) such period, not exceeding five days, as the Chair of the Refugee Protection Appeals Tribunal may, for good cause shown, allow.

              appeal to the Refugee Protection Appeals Tribunal against the refusal on the grounds that requiring the person to leave the Islands would be contrary to the Refugee Convention.

     2. In accordance with Section 114 of the Customs and Border Control Act (“the Act”) the appeal documentation MUST consist of:

          i. The NOTICE and GROUNDS OF APPEAL addressed to the Secretary of RPAT and setting out the decision against which the appeal is made, the notice MUST include GROUNDS OF APPEAL, MUST be dated and MUST include contact numbers and preferably email addresses.

          The Secretariat will primarily correspond with appellants via email, if appellants do not have access to email they will be contacted via their contact number to collect correspondence in person or if held at the Detention Centre arrangements will be made to have correspondence delivered and collected by the Secretariat. The Secretariat can be contacted by calling extensions 244-6624 or 244-3627.     

          ii. A COPY OF THE Director of Customs and Border Control (“Director”) decision and the reasons for the refusal provided to the applicant under section 111 (4E).

Serve Grounds of Appeal – Director of Customs and Border Control

Sections 114 (1A) of the Act

     3. Upon filing an appeal under subsection (1) the Appellant shall serve a copy of the detailed grounds of appeal on the Director.

Filing – Written Defence

Section 114 (6) of the Act

     4. Upon receipt of the Appellant’s detailed grounds of appeal, the Director may, within fourteen days, provide a written defence which shall be filed with the Refugee Protection Appeals Tribunal and served on the Appellant.

Late Filing – Defence

Section 114 (8) of the Act

     5. The period within which the Director’s written defence can be filed maybe extended at the discretion of the Chairman of RPAT upon request of the Director for good reason shown in writing.

Hearing of the Appeal

Section 114 (9) and (10) of the Act

     6. Upon receipt of the Director’s written defence, if any, and any additional information requested from the appellant or the Director, the Refugee Protection Appeals Tribunal shall proceed with the hearing of the appeal.

     7. The Appeals Tribunal Secretariat will send out a hearing notification to the appellant and the Director advising them of the date and time of the hearing, this will include instructions which advise appellants to provide notification of any representative(s) that will be accompanying them and a timeline for submission of supporting documentation ahead of the hearing date.

     8. The appellant and the Director or designate are required to be attendance at the hearing if either party is not available to attend on the date, the hearing is to be re-scheduled for other date and time that is convenient to all.

Decisions of RPAT

Section 114 (12) of the Act

     9. RPAT shall provide the appellant with a decision within a reasonable period of time after the conclusion of the hearing of the appeal.

Right of Appeal against the Decision of RPAT

Section 115 of the Act

     10. An appeal may be made to the Grand Court from a decision of RPAT on a point of law only.