← belizelaw.ai · Aliens, Cap. 159 · PART I — Preliminary and Expulsion of Undesirable Aliens
Procedure on, and effect of, appeals against expulsion
Cap. 159, s. 9 · Revised Edition 2020
With regard to an appeal against an expulsion order–
(a) no appeal shall be entertained unless written notice of intention to appeal specifying the grounds of appeal and signed by the appellant or his attorney is given to the Registrar, or a magistrate, within three days after service of the expulsion order on the appellant,
provided that a judge may, if he considers the interests of justice so require,
extend the time within which notice of intention to appeal may be given to any date not later than fourteen days after service of the expulsion order on the appellant;
(b) for the purposes of the preceding paragraph,
an expulsion order ordering the arrest of the appellant shall be deemed to have been duly served on him at his arrest, or at the expiration Aliens Act 9 of seven days after publication of the expulsion order in the Gazette, whichever first occurs;
(c) every person detained in custody under an expulsion order shall, if he so desire, be given facilities for giving notice of intention to appeal, and communicating, with reference to his appeal, with his friends and legal advisers;
(d) after notice of intention to appeal has been duly given, no steps to enforce the expulsion order, except the arrest and detention of the appellant where the order orders his arrest,
shall be taken unless and until the appeal is dismissed, and the month mentioned in section 3 (2), shall not commence to run until the appeal is disposed of;
(e) every appeal shall be heard by a judge sitting in open Court without a jury at such time as he shall direct;
(f) if the appeal is dismissed, the time, if any,
within which the appellant is, by the expulsion order, required to leave Belize may be extended by a judge for such period not exceeding fourteen days from the dismissal of the appeal as he may think proper;
(g) if the appeal is allowed, the expulsion order shall be deemed to be revoked, and the appellant, if in custody, shall, unless his detention is lawful under some other power or authority, be released forthwith;
(h) the provisions of the Costs in Criminal Cases Act shall apply to appeals under this Part in the CAP. 124.
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