The Standard Operating Procedure (SOP) guidelines
The SOPguidelines said that the appellant whose name has not been included in ordeleted from the final NRC document in spite of his filing claim or objectionsbefore the NRC authority may appear to file an appeal either in person orthrough a duly authorized representative in writing subject to acceptance ofsuch representation by the Designated Tribunal concerned.
The guidelines said that the appellant will have to provide a certified copy of the rejection order received from the NRC authority along with his memo of appeal to be filed in the prescribed form. The appellants will be provided with an online assist portal to make it easy for them to file appeals. The portal will be accessible to the public through the Internet. Each appellant will fill up the information in the portal.
After submittingthe information, the portal will generate a filled-up 'Appeal Memo Form' alongwith the address of the designated Foreigners' Tribunal where the applicationwill be physically submitted. The appellant will then take a printout of thefilled up Appeal Memo Form which will have a Unique Reference Number (URN) whichwill restrict the appellants to apply within the same district where the NRCapplication was made.
The appellant,after receiving the NRC rejection letter from the NRC authority will have tovisit the prescribed FT for physical submission of the appeal along with theprinted filled-up 'Appeal Memo Form.'
As per theguidelines, on receipt of the physical appeals at the designated FTs, an 'AcknowledgmentNumber' will be given to the appellant with a disclaimer saying 'This is anAcknowledgment of receipt. You will be intimated about acceptance of yourappeal on further verification along with details of the FT where your casewill be registered and heard. Additionally, an SMS will also be sent to theappellant with the Acknowledgment Number.
SOPProvisions for Reallocation & Transfer of Appeals to Additional Tribunals:
The concerneddesignated Tribunal shall re-allocate and transfer the appeals to theAdditional Tribunals on receipt of such appeals for disposal of the same as perthe prescribed procedure of law.
The appealswill be processed by the central cloud server and will be directed to the correspondingAdditional FTs through electronic means.
As long asthe applicant load is balanced, the central server will process on a prioritybasis to place the family members from the same ARN and roots (Legacy Data) ina single FT. Thereafter it will use the method of "Round Robin" to distributethe cases within one of the Additional FTs.
(ii) The entire excluded appellant's information from NRC will be there in the respective District DM's office. The Additional FTs on receipt of the appeals from the Designated FTs through the central server will verify the information with NRC rejected list received from the respective DMs.
On verification of the appeals, the respective FTs will generate an FT Case Number which will be intimated to the Appellant through SMS and by physical letter.
During thisentire process, the Appellant would be able to check the status of theapplication online by typing the Acknowledgement ID given during applicationreceipt at Designated FTs.
SOP for'Disposal of Appeals & References:
On receipt of the registered appeals from the Designated Tribunals, the Additional Tribunals shall issue notice to the respective District Magistrate (DM) to produce before it the NRC Records within 30 days from the date of receipt of the notice and a copy of said notice shall also be sent to the leader, who may be appointed by the Government to represent the DM.
A copy of such notice will also be sent to the appellant in a hard copy to be served through the process server.
On receiptof the notice from the Additional Tribunal, the DM will provide the NRC recordsin original including the documents submitted by the appellant at the time offiling claim or objection, as the case may be, along with the order passed bythe NRC authority to the duly appointed pleader for the Government for placingthe same before the Additional Tribunal in response to the Notice.
Therespective DM may depute or authorize any representative to act on his/herbehalf in any proceeding before the Additional Tribunal.
SOP onReturn of Records & storage:
Afterdisposal of such appeals and the references by the Additional tribunals, theGovernment Pleaders will return to the concerned DM the NRC records in originalincluding the documents submitted by the appellant at the time of filing theclaims or objected, along with the order passed by the NRC authority. This willbe done by the Government Pleaders after receipt of the same from theAdditional tribunals. The concerned DM will then keep these data stored safelyor may return the same back to the NRC authority for storage (as the originalrecord is the property of NRC) after keeping a copy thereof for his/her officerecord safely.
