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Chapter: | 115
 | Title: | IMMIGRATION ORDINANCE | Gazette Number: | 124 of 1997 |
| Section: | 2AD | Heading: | Appeal | Version Date: | 01/07/1997 |
(1) Any applicant for a certificate of entitlement who is aggrieved by a decision of the Director not to issue the certificate may appeal against the decision to the Tribunal in a form specified by the Director within 90 days from the receipt of the notice given under section 2AB(6)(b)(ii).
(2) Any applicant for a certified duplicate of a certificate of entitlement who is aggrieved by a decision of the Director not to issue the duplicate may appeal against the decision to the Tribunal in a form specified by the Director within 90 days from the receipt of the notice given under section 2AC(6)(b)(ii).
(3) No appeal shall be lodged under subsection (1) or (2) at any time at which the appellant is in Hong Kong.
(4) Notwithstanding subsection (1) or (2), the Tribunal may accept an appeal that is not lodged within the time limit prescribed in that subsection.
(5) On an appeal lodged under subsection (1)-
- (a) where the Tribunal determines that on the facts of the case as it finds them the appellant is a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1, it shall allow the appeal;
(b) where the Tribunal determines that on the facts of the case as it finds them the appellant is not a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1, it shall dismiss the appeal.
- (a) where the Tribunal determines that on the facts of the case as it finds them-
- (i) the appellant is a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1;
(ii) a certificate of entitlement has been issued to the appellant; and
(iii) that certificate is lost or destroyed,
- it shall allow the appeal;
- (i) the appellant is not a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1;
(ii) a certificate of entitlement has not been issued to him; or
(iii) the certificate of entitlement issued to him, if any, is not lost or destroyed,
- it shall dismiss the appeal.
(8) Where the Tribunal allows an appeal under subsection (5)(a) or (6)(a), the Director shall issue a certificate of entitlement or certified duplicate of a certificate of entitlement, as the case may require, to the appellant in such form and such manner as the Director may determine.
(9) For the removal of doubt, it is hereby declared that the lodging of an appeal under subsection (1) or (2) does not give the appellant the right of abode or right to land or remain in Hong Kong pending the decision of the Tribunal on the appeal.
(10) For the purposes of subsections (3), (5), (6), (8) and (9), "appellant" (上訴人) does not include a person making an application on behalf of another person under section 2AB(2)(b) or 2AC(2)(b).