Appeal against detention of a prohibited immigrant

(1) Whenever any person is detained, restricted or arrested as a prohibited immigrant, notice of that fact and the grounds of detention, restriction or arrest shall be given by the officer to such person in the prescribed form. 42 (2) If such notice is given within seven days of the arrival of the immigrant, the immigration officer giving such notice shall also inform, if known, the master or local agent or owner of the vessel by which the immigrant arrived that such notice has been given. (3) Every immigrant to whom such notice has been given may appeal to a summary jurisdiction court. (4) Notice of the appeal must be given to the court and to the immigration officer within seven days of the service of the notice of the immigration officer on the immigrant. (5) Pending the hearing of an appeal by a summary jurisdiction court, no warrant shall be issued or enforced for the removal as a prohibited immigrant of the person so appealing but should it be held on the hearing of any such appeal that the appellant is a prohibited immigrant a warrant for the removal of the prohibited immigrant shall issue. (6) No appeal shall lie by or on behalf of an alien from the order of the summary jurisdiction court made under this section, provided that the Minister may, on an application made to him by such alien, review the decision of the summary jurisdiction court and, if satisfied that the applicant is not a prohibited immigrant, order him to be released from detention, restriction or arrest.