The Standard Operating Procedure (SOP) guidelines
The SOP guidelines said that the appellant whose name has not been included in or deleted from the final NRC document in spite of his filing claim or objections before the NRC authority may appear to file an appeal either in person or through a duly authorized representative in writing subject to acceptance of such 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 submitting the information, the portal will generate a filled-up ‘Appeal Memo Form’ along with the address of the designated Foreigners’ Tribunal where the application will be physically submitted. The appellant will then take a printout of the filled up Appeal Memo Form which will have a Unique Reference Number (URN) which will restrict the appellants to apply within the same district where the NRC application was made.
The appellant, after receiving the NRC rejection letter from the NRC authority will have to visit the prescribed FT for physical submission of the appeal along with the printed filled-up ‘Appeal Memo Form.’
As per the guidelines, on receipt of the physical appeals at the designated FTs, an ‘Acknowledgment Number’ will be given to the appellant with a disclaimer saying ‘This is an Acknowledgment of receipt. You will be intimated about acceptance of your appeal on further verification along with details of the FT where your case will be registered and heard. Additionally, an SMS will also be sent to the appellant with the Acknowledgment Number.
SOP Provisions for Reallocation & Transfer of Appeals to Additional Tribunals:
The concerned designated Tribunal shall re-allocate and transfer the appeals to the Additional Tribunals on receipt of such appeals for disposal of the same as per the prescribed procedure of law.
The appeals will be processed by the central cloud server and will be directed to the corresponding Additional FTs through electronic means.
As long as the applicant load is balanced, the central server will process on a priority basis to place the family members from the same ARN and roots (Legacy Data) in a single FT. Thereafter it will use the method of “Round Robin” to distribute the 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 this entire process, the Appellant would be able to check the status of the application online by typing the Acknowledgement ID given during application receipt 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 receipt of the notice from the Additional Tribunal, the DM will provide the NRC records in original including the documents submitted by the appellant at the time of filing claim or objection, as the case may be, along with the order passed by the NRC authority to the duly appointed pleader for the Government for placing the same before the Additional Tribunal in response to the Notice.
The respective DM may depute or authorize any representative to act on his/her behalf in any proceeding before the Additional Tribunal.
SOP on Return of Records & storage:
After disposal of such appeals and the references by the Additional tribunals, the Government Pleaders will return to the concerned DM the NRC records in original including the documents submitted by the appellant at the time of filing the claims or objected, along with the order passed by the NRC authority. This will be done by the Government Pleaders after receipt of the same from the Additional tribunals. The concerned DM will then keep these data stored safely or may return the same back to the NRC authority for storage (as the original record is the property of NRC) after keeping a copy thereof for his/her office record safely.