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Report No. 175

7-P. Appeal against Removal Order

(1). Any person aggrieved by an order of removal passed by the Immigration Officer, may prefer an appeal to the Immigration Tribunal within fifteen days from the date of communication of such order.

(2) The Immigration Tribunal may, alter giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the order appealed against or may remand the case to the Immigration Officer who had passed such order with such directions to that Immigration Officer as the Immigration Tribunal may think fit, for fresh determination after taking additional evidence, if necessary.

(3) Every endeavour shall be made by the Immigration Tribunal to dispose of the appeal within thirty days from the date of filing of the appeal.

(4) Notwithstanding anything contained in the Code of Civil Procedure, or in any other law for the time being in force, an order passed by the Immigration Tribunal shall be final and shall not be questioned in any court of law.

(5) No civil court shall have jurisdiction to entertain a suit or other proceeding with respect to a matter within the jurisdiction of the Immigration Officer or the Immigration Tribunal and no injunction or any other order in respect of any action taken or orders passed by the Immigration Officer or an Immigration Tribunal in respect of such matter, shall be granted or made by any civil court.

The Foreigners (Amendment) Bill, 2000 Back

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