Section 76. Power of instruction and review of decisions
Administrative decisions under the Act made by the police, foreign service missions or other public administrative agencies may be appealed to the Directorate of Immigration. Administrative decisions under the Act made by the Directorate of Immigration at first instance may be appealed to the Immigration Appeals Board.The Ministry's general right of instruction does not confer authority to instruct in relation to decisions in individual cases. Nor may the Ministry instruct the Immigration Appeals Board on law interpretation or exercise of discretion. The Ministry may instruct in relation to prioritisation of cases.The Ministry may decide that an administrative decision made by the Directorate of Immigration in favour of a foreign national shall be reviewed by the Immigration Appeals Board. The Ministry’s decision shall be made no later than four months after the administrative decision was made, shall be in writing, and shall be reasoned. Chapters IV to VI of the Public Administration Act on case preparation, administrative decisions and appeal shall not apply to such decisions.If, in a case under the third paragraph, the Immigration Appeals Board concludes that the Directorate of Immigration’s administrative decision is invalid, it shall set aside the administrative decision and return the case to the Directorate of Immigration for full or partial reconsideration. Valid administrative decisions may not be set aside or amended, but the board may issue a statement on issues of principle in the case.The King may issue regulations containing further provisions on case preparation and the Immigration Appeals Board’s authority in cases under the third paragraph.
