Revised Laws of Saint Lucia (2021)

28.   Appeal from decision of immigration officer under section 23

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    (1)   Where notice under section 23 is given to an immigrant, the immigrant may appeal to the nearest District Court, from the decision specified in the notice by giving notice of appeal in the prescribed form to the immigration officer within 7 days after the date on which the notice under section 23 was given to the immigrant.

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    (2)   If either party is dissatisfied with the decision of the Magistrate, such party may appeal to the Supreme Court and such appeal shall be subject to all the provisions of the Criminal Code governing appeals from a District Court to the Supreme Court. (Amended by Act 25 of 1954)

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    (3)   No fee shall be charged for the hearing of any appeal under this section.

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    (4)   Where an immigrant gives notice of appeal under subsection (2), an immigration officer may apply to the Magistrate for an order requiring the immigrant to furnish the prescribed security within a time to be fixed by the Magistrate; and the Magistrate shall, if the circumstances so warrant, make an order accordingly.

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    (5)   If an immigrant fails to furnish such security within the time fixed by an order made under subsection (4), the notice of appeal under subsection (2) shall cease to have effect, and the appeal to the Supreme Court shall be deemed to have been abandoned. (Amended by Act 25 of 1954)

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    (6)   On the hearing of an appeal under this section an order made in regard to any of the persons mentioned in section 4(3)(a), (b) and (c) shall be conclusive evidence that the person is a prohibited immigrant.

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    (7)   On the hearing of an appeal under this section oral evidence may be adduced before the District Court and the Supreme Court shall have power to take oral evidence. (Amended by Act 25 of 1954)

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    (8)   In any case in which a notice of appeal under subsection (1) or (2) has been given, no order for the removal from Saint Lucia as a prohibited immigrant of the person to whom a notice relates shall be issued before the determination of the appeal, by hearing or otherwise, and in any such case when such order has been issued before the notice of appeal was given, such order shall not be enforced before such determination.