Make Appeals Process More Accessible and the Tribunal Consistent

Proceedings of the Appeals Tribunal should be regulated to create a standard procedure for its operation.

The appeals process should be open to any “individual” who makes an application to the Authority and who wishes to question the decision that the Authority made and not an “enrolled individual” as is presently in the Bill.

What This Could Look Like in Real Life

01. Trevor's Enrollment Application Denied

The day after Trevor made his application for enrolment he was involved in a near-fatal accident. At the scene of the accident his mobile phone was stolen and he was hospitalized for three weeks.

Eight weeks later Trevor was able to go to his mobile provider to buy a new phone and to have his service restored. Upon checking his messages he realized that there was an issue with his application, that he had been given 28 days to appeal and that the time to appeal the decision of the Authority had passed two days ago.

Under the present Bill, Trevor, not being an enrolled individual, would not be able to appeal the decision.

Details

Under the present Bill, someone who is not already enrolled in NIDS would not be able to appeal the decision made against them by the Tribunal. This restricts who can appeal a decision of the Tribunal, and makes it impossible for a new applicant to challenge a decision to deny them an ID card. That is especially concerning for anyone who may have more difficulty proving their legal identity — a problem NIDS is supposed to help solve.

A 28-day window to make an appeal is too short, especially given the slow pace at which government agencies operate. Depending on the nature of the decision the appellant might need to do some back and forth with government agencies before embarking on the formal appeals process.

Further, each Appeal Tribunal panel is empowered to regulate its own procedures and processes. This can create uncertainty in its operations and negatively impact the right to due process under the law. The Tribunal should not be given the power to modify its own procedural rules.

Recommendations

Section 26 should define an appellant as an “individual” and not as an “enrolled individual” so as to remove the restriction placed on who may appeal a decision of the Authority.
The period of time an individual has to appeal a decision should be extended to 90 days. The Tribunal should also be able to extend the time where necessary.
Regulations should be created to govern the procedures and processes of the Tribunal’s operation. Under the present Bill, this power is given to the Tribunal itself to set and change its own rules as it sees fit.

Status: Pending

Watch this space! We will provide an update once the Joint Select Committee has made a decision on this issue.

Last updated 2021-05-27

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