Appeals from Judgement 13 Review 2 From decision of President 1

Appeals from Judgement 4 Review 0

Interlocutory Appeals 23 Contempt 1 Referral 2

The State party relies on the opinions of the Migration Board and the Aliens Appeal Board.

2.12 The complainant appealed to the Aliens Appeal Board.

(d) 10 appeals involving 13 accused are in progress

On 25 February 2002, the Aliens Appeals Board upheld the decision of the Migration Board.

a No further information is provided on the reasoning of the Aliens Appeal Board.

On 2 September 2002, the Appeal Aliens Board upheld the Migration Board's decision.

Counsel also acknowledges that the complainant did not refer his case to CRR.

The Aliens Appeals Board made a study tour to Bangladesh in October 2002.

Two new applications for a resident permit on humanitarian grounds were subsequently denied by the Aliens Appeals Board.

On 2 September 2002, the Aliens Appeals Board dismissed the appeal, endorsing the assessment made by the Migration Board.

Noting the need to consider the appropriateness of the establishment of an appeals mechanism in relation to the decisions of the Tribunal,

2.7 Before the Aliens Appeals Board, the complainant contested the findings of the Migration Board.

However, on 19 December 2002, the Aliens Appeals Board denied the application for a stay of execution of the expulsion order.

If the Migration Board refers a case, it must first be forwarded to the Aliens Appeals Board which provides its own opinion on the case.

Since the complainant had made the request without the assistance of counsel, he was unable to appeal the decision to the Refugee Appeals Commission.

The case was appealed to the Supreme Court, where on September 6, 2008 it announced that it would not hear the appeal.

On 5 July 2002, the Board refused his appeal on the grounds that the new evidence provided did not demonstrate that he was a person in need of protection.

The complainant has described his political activities in detail before the Migration Board and the Aliens Appeals Board, and neither institution questioned his activities.

Of those, four have been Appeals Judgements, 23 have been decisions on interlocutory appeals, one has been a contempt decision, and two have been referral decisions.

10.4 On 15 June 2004, the Aliens Appeals Board granted the complainant's wife and her five children permanent resident status in Sweden on humanitarian grounds.

However, Superior Court Presiding Judge Maria Cabret recently pointed out that the 3.5 million operating cost of the Supreme Court during its first year was still not accounted for.9 In order to guarantee a successful transition, the Third Circuit Court of Appeals will hear Virgin Islands Supreme Court appeals for the next 15 years.

The medical certificates, dated 19 and 22 April 2002 and 7 May 2002, showed that the complainant's mental health deteriorated after the decision of the Aliens Board.

He argues that the Aliens Appeal Board did not consider it necessary to have his injuries investigated nor to check the authenticity of the documents, including the medical reports, provided from Bangladesh.

Raafatology wrote here how he finds Mubarak's offers disappointing. I don't know how Mubarak wants an illegitimate parliament to fix the constitution. The parliament came after rogue elections and there are accusations that hasn't been studied by the courts yet.

As the Appeals Chamber's workload increases, consideration is still being given to increasing the capacity of the Appeals Chamber by having two Benches of five Judges available for the disposition of appeals.

2.10 The Aliens Appeals Board denied the new applications on the basis that the evidence presented, as well as an assessment of the personal situation of the complainant as a whole, were insufficient to justify the issuance of residence permits.

Appeals by more than 200 former employees, made redundant by the review process prescribed by the reform, were processed, while remaining members of staff were assigned to new positions.

Western and African observers charged that widespread vote rigging had tainted the official result, and Nigeria s Supreme Court has yet to rule on challenges to the election s legality.

4.12 The State party observes that on 12 December 2001, after referral of the case from the Migration and Aliens Appeals Boards, a State Secretary of its Ministry for Foreign Affairs met with a representative of the Government of Egypt in Cairo.

At present, at least five serious crimes cases remain pending before the Court of Appeal and it is expected that additional appeals will be filed by 20 May 2005.

The complainant had subsequently refrained from submitting his case to the Refugee Appeals Commission (CRR), an independent jurisdiction which carries out de facto and de jure reviews of OFPRA decisions, thus acquiescing in the decision taken in this regard.

Before the Aliens Appeals Board, he submitted a medical certificate from the Fittja health care centre, which states that he is severely traumatized it does not state that he suffers from PTSD or that he contemplated suicide.

13.8 The Committee observes that, in the normal course of events, the State party provides, through the operation of the Migration Board and the Aliens Appeals Board, for review of a decision to expel satisfying the requirements of article 3 of an effective, independent and impartial review of a decision to expel.

8.3 The Committee observes that the State party has not contested the complainant's claim that he was tortured and notes that the Aliens Appeal Board was of the view that the complainant's political opponents may have been responsible for this torture.

The State party submits that the fact that the complainant did not produce any medical evidence until his application was pending before the Aliens Appeals Board may indicate that his medical condition has deteriorated primarily as a consequence of the Migration Board's decision to reject his asylum application

While asylum claims are normally dealt with by the Migration Board and, in turn, the Aliens Appeals Board, under certain circumstances either body may refer the case to the Government, while appending its own opinion.

2.5 On 18 June 2001, the complainant appealed the decision before the Aliens Appeal Board, stating that he had been subjected to torture, including rape and beatings for two days, while under arrest in 1997 or 1998.

The Appeals Chamber delivered four judgements on appeals on the merits in respect of five persons between 1 July 2004 and 30 June 2005 (the Niyitegeka, Ntakirutimana, Semanza and Kajelijeli judgements).

4.9 The State party refers to the medical report in which it is concluded that the complainant was subjected to torture in the manner he stated and recalls the Aliens Appeals Board's comment that the scars could be the result of the assault by Awami League supporters.

On 13 November 2001, the Aliens Appeals Board, whose view the Government had sought, shared the Migration Board's assessment of the merits and also considered that the Government should decide the matter.

5.5 Regarding the argument that the complainant presented insufficient evidence to support his claims, counsel submits that in the proceedings before the Aliens Appeals Board, he requested a medical forensic and psychiatric examination, but the Board did not consider this to be necessary.

There is an urgent need to establish a Panel of Counsel at Nairobi, given the fact that a Joint Appeals Board is operational at that duty station but there is no legal assistance or counsel for staff with pending appeals or disciplinary cases.