• PART 4 PART 4 MATTERS RELATING TO APPLICATIONS UNDER SECTION 229 AND UNDER SECTION 962

    • 16. Appeals

      (1) An applicant who has received notice under Rule 7(5), 8(5), 9(5), 11(6), 12(5) or 13(5) that his application has been unsuccessful may appeal to the Registrar on the grounds that the decision:
      (a) is unlawful;
      (b) is irrational or unreasonable;
      (c) has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.
      (2) No appeal under this Rule may be brought unless the leave of the Registrar has been obtained.
      (3) An applicant must bring an appeal within 21 days of the date of the notice or, with the Registrar's permission, after the end of such period, but only if the Registrar is satisfied:
      (a) where permission is sought before the end of that period, that there is good reason for the applicant being unable to bring the appeal in time; or
      (b) where permission is sought after that time, that there was a good reason for the applicant's failure to bring the appeal in time and for any delay in applying for permission.
      (4) The Registrar determining an appeal may:
      (a) dismiss the appeal; or
      (b) quash the decision.

    • 17. Duration of a section 229 decision or a section 962 decision

      (1) A section 229 decision shall continue to have effect until:
      (a) either:
      (i) the section 229 beneficiary; or
      (ii) his personal representative,
      has notified the Registrar in writing that he wishes the section 229 decision to cease to apply; or
      (b) the Registrar has made a revocation decision in relation to that beneficiary,

      whichever first occurs.
      (2) A section 962 decision shall continue to have effect until the Registrar has made a revocation decision in relation to the section 962 beneficiary.

    • 18. Revocation of a section 229 decision or a section 962 decision

      (1) The Registrar may revoke a section 229 decision or a section 962 decision at any time if he is satisfied that the section 229 beneficiary or section 962 beneficiary, as the case may be, or any other person, in purported compliance with any provision of these Rules, is found guilty of an offence under section 984 (general false statement offence) ("a revocation decision").
      (2) If the Registrar proposes to make a revocation decision he shall send the beneficiary notice of his intention.
      (3) The notice must:
      (a) inform the beneficiary that he may, within the period of 28 days beginning with the date of the notice, deliver representations in writing to the Registrar; and
      (b) state that if representations are not received by the Registrar within that period, the revocation decision will be made at the expiry of that period.
      (4) If within the period specified in paragraph (3) the beneficiary delivers representations as to why the revocation decision should not be made, the Registrar shall have regard to the representations in determining whether to make the revocation decision, and shall, within five working days of making his decision, send notice of it to the beneficiary.
      (5) Any communication by the Registrar in respect of a revocation decision or proposed revocation decision shall be sent to the beneficiary:
      (a) in the case of an individual, to his usual residential address;
      (b) in the case of a company, to its registered office; or
      (c) in the case of a partnership, to the address specified in its section 962 application.