Employment Permits Act 2024
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Review of decision to revoke employment permit | ||
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41. (1) A decision of the Minister to revoke an employment permit may, in accordance with regulations under section 50 (14), be submitted by the holder of the permit, the employer or the connected person, as the case may be, to the Minister for review under this section. | ||
(2) A submission under subsection (1) shall be made within a prescribed period from the date the decision is notified under section 40 to the person. | ||
(3) A review under this section of a decision shall be carried out by an officer of the Minister appointed by the Minister for that purpose and the person so appointed— | ||
(a) shall not be the person who made the decision, and | ||
(b) shall be of a grade senior to the grade of the person who made the decision. | ||
(4) The person so appointed, having afforded the person who submitted the decision for review an opportunity to make representations in writing in relation to the matter, may, subject to subsections (5) and (6)— | ||
(a) confirm the decision (and, if the person does so, he or she shall notify in writing the person who submitted the decision for review of the reasons for the confirmation), or | ||
(b) cancel the decision. | ||
(5) Where, during the course of a review of a decision under this section, the person so appointed is of the view that there are reasons to confirm the decision that differ to the reasons notified to the applicant in accordance with section 40 , the person so appointed shall, before deciding whether to confirm or cancel the decision in accordance with subsection (4)— | ||
(a) notify, in writing, the person who submitted the decision for review of those reasons, and | ||
(b) afford that person an opportunity to make representations in writing in relation to those reasons. | ||
(6) Where, during the course of a review of a decision under this section, the person so appointed is informed of— | ||
(a) new information or documentation that was not available to the decision-maker when he or she made the decision, or | ||
(b) a change in circumstances relating to the holder of the permit, the employer or the connected person, | ||
that is relevant to the revocation of the employment permit, the person so appointed shall refer the matter back to the decision-maker for reconsideration and the making of a new decision in relation to it, or where the decision-maker is unable (for whatever reason) to reconsider the application or make such a decision, an officer of the Minister who is appointed by the Minister for that purpose. | ||
(7) If a decision to revoke an employment permit— | ||
(a) has, by virtue of section 40 (5), taken effect on the notification of the decision to the holder, and | ||
(b) is, on a review under this section, cancelled, | ||
then, in determining the period for which the employment permit shall remain in force, the period for which the permit ceased to be in force by virtue of section 40 (5) shall be disregarded. |