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Amendment of section 13 of Act of 2006
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16. Section 13 of the Act of 2006 is amended—
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(a) in subsection (2), by substituting “28 days” for “21 days”,
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(b) by inserting the following subsection after subsection (2):
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“(2A) Where—
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(a) following a decision to refuse to grant an employment permit—
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(i) the Minister receives information or documents relating to the application for the employment permit concerned,
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(ii) the information is, or documents are, received within 28 days from the date the decision is notified under section 12 to the applicant, and
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(iii) the applicant has not submitted the decision for a review, in accordance with subsections (1) and (2),
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and
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(b) the Minister, having considered such information or documents, is satisfied that having regard to all the circumstances that it is appropriate to review that decision and to take such information or documents into account in such review, the Minister—
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(i) may direct that the decision to refuse to grant the employment permit concerned be reviewed under this section, and
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(ii) where he or she so directs, shall notify the applicant of the review.”,
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(c) in subsection (3), by inserting “referred to in subsections (1) and (2A)” after “A review under this section of a decision”,
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(d) in subsection (4), by substituting “In the case of a review of a decision referred to in subsection (1), the person so appointed” for “The person so appointed”, and
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(e) by inserting the following subsection after subsection (4):
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(5) In the case of a review of a decision referred to in subsection (2A), the person so appointed, having taken into account the information or documents referred to in that subsection and afforded the applicant for the employment permit concerned an opportunity to make representations in writing in relation to the matter, may—
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(a) confirm the decision (and, if the person does so, shall notify such applicant in writing of the reasons for the confirmation), or
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(b) cancel the decision and grant to the foreign national concerned the employment permit the subject of the application to which the review relates.”.
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