Appeals Process

Filing of Notice of Appeal

1. Appeal documentation filed with the IAT may either be mailed or delivered to the Government Administration Building. A receipt will be issued immediately upon submission of the appeal documents, except when they are received in the mail, in which case it will be mailed out within two working days.

 

2. The appeal documentation should consist of:

    

   • The notice of appeal addressed to the Secretary of the IAT, which should be dated and include a return mailing address and contact number.  This will allow for proper recording and mailing of correspondence.  The filing of notice of appeal must be received by the IAT within 28 days of the said refusal letter. The notice of appeal submitted to the IAT must indicate:

      

     • the grounds under which it is being filed being any or all of the below (refer to 5 below):-
       • erroneous in law;
       • unreasonable;
       • contrary to the principles of natural justice; or
       • at variance with the [Immigration] Regulations.
     • the decision against which the appeal is made; and
     • whether or not the appellant wishes to be heard personally or by a representative

    

   • Copy of the refusal letter from the Immigration Department and Immigration’s stamped envelope where necessary (refer to 3 below).
   • Bank draft for KYD$250.00 made payable to the Cayman Islands Government.  N.B. This processing fee is non-refundable.

 

Late Filing - Notice of Appeal

3. If the notice of appeal is outside the time-frame a sworn affidavit addressed to the Chairman of the IAT should be filed applying for ‘Leave to Apply Out of Time’ and providing an explanation for the delay in filing the notice and providing ‘good reason’ why the Chairman should allow the late filing.

 

Appeal Statements and Grounds

4. Following receipt of the complete notice of appeal documentation (refer to 2 above) the IAT will request the Immigration Department to provide an Appeal Statement detailing the reasons for their decision. The Immigration Department is under a statutory duty to respond within 28 days with its reasons.

 

5. The IAT will then forward the Appeal Statement to the appellant who shall, within 28 days, file the grounds of appeals (refer to 2 (i) (a) above) with the IAT and serve a copy thereof on the Immigration Department.

 

Hearing of the Appeal

6. The IAT will review all of the documents received from the appellant and the Immigration Department in the process of deciding whether the appellant’s case has merit.

 

7. The IAT will hear the appellant’s case based on grounds that are filed with the IAT (or any supporting arguments in relation to those grounds filed, made at the hearing where relevant).  If the appellant is unsuccessful their appeal will not be allowed and will be dismissed.

 

8. If the appellant is successful, the IAT will move forward with a rehearing as a ‘hearing de novo’ which means the IAT will sit as the originate Board and hear the application again.  At this time, the IAT may take into account fresh evidence and any changes in circumstances that may have arisen in relation to the parties.  Currently it is a procedural policy of the IAT that such changes in circumstances as it relates to the application which is the subject of the rehearing must be communicated by sworn affidavit outlining any and all changes to the application since it was first filed with the Immigration Department.   For appellants who have requested a hearing, the Secretary will communicate the date and time of this meeting.

 

9. Once the Tribunal has rendered its decision the Secretary will inform appellants via registered post with the least possible delay.

 

Right of Appeal against the Decision of the IAT

10. An appeal may be made to the Grand Court from a decision of the IAT on a point of law only, written within 28 days of the IAT decision being communicated to the appellant. Appellants and their Attorneys are required to serve a copy of this Appeal on the Immigration Appeals Tribunal.

 

Regulating your Immigration Status

Questions regarding the ability to continue employment, re-entry into the Cayman Islands or other Immigration issues are to be directed to the Immigration Department at 949-8344.

Last Updated: 2011-06-24