Disability Act 2006

A person may appeal to the Court of Appeal with leave of the Court of Appeal against a revocation of the extended leave granted to the person under section 162.

The Authorised Program Officer, with the approval of the Secretary, may appeal to the Court of Appeal with leave of the Court of Appeal against a refusal to revoke extended leave granted under section 162 if the Authorised Program Officer considers that—

the extended leave should have been revoked; and

an appeal should be brought in the public interest.

The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal with leave of the Court of Appeal against a refusal to revoke extended leave granted under section 162 if that person—

was a party to the proceeding for revocation of extended leave; and

considers that the extended leave should have been revoked; and

considers that an appeal should be brought in the public interest.

On an appeal against a revocation of extended leave, the Court of Appeal may—

confirm the revocation of extended leave; or

quash the revocation and restore the extended leave; or

remit the matter, with or without directions, to the court that revoked the leave.

On an appeal against a refusal to revoke extended leave, the Court of Appeal may—

confirm the refusal to revoke extended leave; or

revoke the extended leave in accordance with section 164(4)(a); or

revoke the extended leave and remit the matter, with or without directions, to the court that made the grant.

If the Court of Appeal remits a matter to a court under subsection (4)(c) or (5)(c), that court must hear and determine the matter in accordance with this Act and any directions given by the Court of Appeal.