The Act on Foreigners governs the appeals procedures. The Chairperson or Deputy Chairperson presides over the meetings of the Board. Normally, all three Board members participate in the decision making of each case. In case of disagreement, the majority decides.
When an appeal has been received by the Board the appellant is given the opportunity to provide additional arguments or documents for his or her claim.
The Appeals Board reviews all aspects of the case. It can affirm the decision of the Directorate of Immigration, change it, vacate it in full or in part, or send the case back to the Directorate for revaluation.
The proceedings before the Board are normally conducted through submission of documents and briefs. If the case involves an application for international protection or an application for a residence permit on humanitarian grounds the Board may invite the appellant to appear before the Board and present his or her case. The Board can also invite other individuals to appear before it as deemed necessary.
The Chairperson or the Deputy Chairperson may rule on their own on appeals regarding visas, procedural irregularities at the Directorate of Immigration and requests to suspend the implementation of the Directorate’s decisions and decisions taken by the Board. The Chairperson or Deputy Chairperson can also rule on appeals regarding applications for international protection if the appellant is a citizen of a country that is on the Directorate’s list of safe countries of origin and the Directorate has processed the case according to provisions on accelerated procedures. The Appeals Board can also authorize the Chairperson and Deputy Chairperson to rule on certain categories of cases if the Board considers that the practice and precedents are sufficiently clear so that the Board does not have to rule on them.