Appeals Tribunal

The review of appeals tribunals in the Cayman Islands was initiated following a referral by the Honourable Attorney General on 8th September, 2019. The Law Reform Commission (the “Commission”) was requested to examine whether a centralised Administrative Appeals Tribunal should be established
to replace the existing system of separate appeal tribunals for planning, immigration, labour and other administrative appeals.

In response, the Commission conducted a comprehensive review of the operation of appeals tribunals in the Cayman Islands. This included an analysis of tribunal structures, procedures, administrative arrangements, and costs, as well as a comparison with reforms undertaken in other jurisdictions. The
primary objective of this review was to assess the efficacy of the existing system and determine whether reforms were necessary.

The Commission’s research focused on –

1. The history, purpose and essential characteristics of administrative appeals tribunals as a benchmark for evaluating the Cayman Islands’ system.

2. The current landscape of appeals tribunals in the Cayman Islands, including their membership structures, administrative arrangements, procedures and operational costs.

3. The arguments for and against tribunal consolidation, taking into account accessibility, efficiency, and judicial independence concerns.

4. A review of tribunal reforms in other jurisdictions, particularly Australia, the United Kingdom, and New Zealand

On 13th December, 2021, the Commission published a Discussion Paper titled “Appeals Tribunals”, inviting public consultation. The Paper assessed the case for reform and sought feedback from stakeholders and the general public on the feasibility of tribunal consolidation. The consultation period
commenced on 6th January 2022 and concluded on 15th March 2022.

Following a detailed review of the submissions received, the Commission prepared its Final Report titled “Appeals Tribunals”, which was submitted to the Honourable Attorney General on 18th November, 2022.

This report was accompanied by the Administrative Appeals Tribunal Bill, 2022, which provides the legislative framework for establishing a centralised Administrative Appeals Tribunal.