(1) A notice of appeal under section 28(1) of the Act shall be in Form No. 3 and a notice of appeal under section 28(2) shall be in Form No. 4 in the Schedule.
(2) The immigration officer shall, if requested so to do by an immigrant to whom a notice under section 23 of the Act relates, supply to the immigrant for completion a compy of a notice of appeal in Form No. 3 or Form No. 4 in the Schedule, as the case may be.
(3) Where an immigrant gives to an immigration officer notice of appeal under section 28(1) of the Act —
(a) the immigration officer shall forthwith transmit the notice of appeal to the clerk of the nearest Magistrate's Court and a copy thereof to the Chief Immigration Officer; and
(b) the immigration officer shall inform the Chief Immigration Officer, where the immigrant is detained in custody, of the place where he or she is detained.
(4) The Chief Immigration Officer shall, forthwith after receiving a copy of a notice of appeal and the information under subregulation (3)(b) of this regulation notify the Magistrate having jurisdiction in the matter accordingly.
(5) The Magistrate shall appoint a day, hour and place for the hearing of the appeal, and reasonable notice thereof shall be given in writing to the immigrant and to the immigration officer.
(6) Where the immigrant is detained in custody, the immigration officer shall arrange for him or her, if he or she so desires, to be present at the hearing of the appeal.
(7) The Magistrate may, on the application of the immigration officer or of the immigrant, summon witnesses to attend on the hearing of the appeal to give evidence and to produce documents, and the provisions of Part 9 of the Criminal Code shall mutatis mutandis apply in the same manner and to the same extent as if the hearing of the appeal were the hearing of a summary complaint under the Criminal Code.
(8) At the hearing of an appeal to the Magistrate the immigration officer shall place, or cause to be placed before the Magistrate, a copy of the notice given to the appellant under section 23 of the Act, but he or she may, after sufficient notice to the appellant, reply on grounds not specified in the said notice.
(9) After considering all the evidence in the matter, the Magistrate shall determine —
(a) whether the appellant is a prohibited immigrant under the Act; and
(b) if so, whether he or she is satisfied that the appellant has been exempted under the provisions of section 4(4) of the Act.
(10) The Magistrate shall allow the appeal —
(a) where he or she determines that the appellant is not a prohibited immigrant; or
(b) where he or she is satisfied that the appellant has been exempted under the provisions of section 4(4) of the Act.
(11) The Magistrate shall dismiss the appeal —
(a) where he or she determines that the appellant is a prohibited immigrant; and
(b) where he or she is not satisfied that the appellant has been exempted under the provisions of section 4(4) of the Act.
(12) The Magistrate shall endorse his or her decision on the notice of appeal transmitted to him or her under subregulation (3)(a) of this regulation.
(13) The immigration officer shall forthwith inform the Chief Immigration Officer of the decision of the Magistrate.
(14) Where an immigrant gives to an immigration officer notice of appeal under section 28(2) of the Act, the immigration officer shall forthwith transmit the said notice of appeal to the Chief Immigration Officer.
(15) Where an immigrant whose appeal under section 28(2) of the Act has been dismissed by a Magistrate does not within the required time give notice of appeal to the Supreme Court (Appellate Jurisdiction) or where the appeal of an immigrant to the Supreme Court (Appellate Jurisdiction) is dismissed, abandoned or struck out, an immigration officer shall take steps as may be required for the removal from Saint Lucia of the prohibited immigrant.
(16) Where an appeal to the Magistrate or to the Supreme Court is allowed, the appellant shall, if detained in custody under the Act, be discharged from such custody.