An independent tribunal on immigration matters is yet to hear its first appeal, more than a year after it was established, and despite a host of pending cases.According to one member of the panel, he was “flabbergasted” during its first meeting to see scores of files waiting to be reviewed, but no rules in place to govern the process.The member — who asked not to be named — told The Royal Gazette that “someone in Government must have overlooked the need for rules” for the tribunal, which means it is yet to deal with any cases.The “significant delay” to proceedings was criticised yesterday by Opposition MP Shawn Crockwell, who believes it has left appellants in “in an unjust state of flux”.The House of Assembly passed legislation establishing the tribunal in July 2011. It is designed to make the final decisions on grievances relating to issues such as Bermudian status, permanent residency and work permits.There are 12 members of the panel, which were revealed in the Official Gazette in February. The chairwoman is lawyer Victoria Pearman, and other members include lawyers Tim Marshall, John Barritt and Shaun Morris, former Premier Alex Scott and former Civil Service head Kenneth Dill.Speaking on condition of anonymity, one panel member revealed: “When we first met earlier this year we sat in a room and there were piles and piles of files on the table, presumably for review and decision. One of the lawyers asked ‘under what rules are we supposed to operate?’ And lo and behold, we learned that no rules had been drafted. Everyone was flabbergasted and agreed we could not proceed until there were rules in place, and Government had to get on with it right away.”He said the task was handed to lawyers from the Attorney General’s Chambers.“As far as I know, no appeals are being heard until the rules are drafted and put in place,” he said.Such rules include whether the meetings will be open to the press and public, what documents and grounds of appeal need to be supplied, and how evidence shall be given.When asked about the delay, Ms Pearman replied that the tribunal is “concerned to operate with a clear set of rules both for the tribunal’s use and the guidance of appellants and counsel”. She said guidance has been sought from government lawyers at the Attorney General’s Chambers in preparing those rules.“It is expected that they will be finalised and operative shortly,” she added. Ms Pearman did not elaborate on what caused the delay.Mr Crockwell, who is Shadow Minister for Business Development and a lawyer by profession said: “The tribunal has powers analogous to a court — very strong powers — and there need to be rules and regulations, but there should have been some foresight. Why it has taken so long, I don’t know.“I understand the Attorney General’s Chambers has been drafting rules for their consideration, but my concern is that this is a significant delay in justice for those who have matters pending. Let’s say, for example, that an employer wants to speak on work permit issues and their appeal is pending and the work permit has expired. You’re presented with a very difficult situation with people waiting to have matters heard.“Then there are issues with people applying for status. This delay, in my opinion, puts their lives in an unjust state of flux and they don’t know what’s going on.”When concerns over the issue were raised by Mr Crockwell in the House of Assembly in June 2012, National Security Minister Wayne Perinchief said it took time to find lawyers willing to serve and the tribunal wanted its rules to be made more comprehensive on issues such as European Union law, and the right to family life.When The Royal Gazette contacted the Ministry for comment this week, a spokesman replied: “The Immigration Appeals Tribunal is an independent body created by statute. As a result, comment on matters relating to the tribunal must come from the tribunal.”