Section 208 — Immigration Act 2009: Right of victims to make submission on appeal

208 Right of victims to make submission on appeal (1) In determining a humanitarian appeal by a person who becomes liable for deportation under section 161 , the Tribunal must have regard to— (a) any written submissions made to it by a victim of an offence or offences of which the appellant has been convicted and from which the liability for deportation arose; and (b) any relevant written submissions made by a victim to the Minister under section 173 . (2) In addition to, or instead of, making written submissions under this section, the victim may, with the leave of the Tribunal, make oral submissions to the Tribunal at the hearing. (3) The Tribunal must make available to a lawyer or agent acting for the appellant, on a request by the appellant, a copy of all written submissions made by the victim under section 173 or this section. (4) The Tribunal, or a lawyer or agent acting for the appellant, must, on a request for the purpose, show the appellant a copy of all written submissions made by the victim under section 173 or this section. However, the appellant may not keep a copy of any of those submissions. (5) Despite subsections (3) and (4), the Tribunal may withhold from the appellant and every lawyer or agent acting for the appellant (if any) either or both of the following if, in the Tribunal’s opinion, that withholding is necessary to protect the physical safety or security of the victim concerned: (a) any part of the victim’s written submissions under section 173 , whether or not that part was withheld by the Minister under section 173(4): (b) any part of the victim’s written submissions under this section. (6) Despite subsection (1), the Tribunal must not have regard to any part of the victim’s submissions that is withheld under subsection (5). (7) In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002.