S.L. 217.21 Art. 6Grounds for refusal. Cap. 386.

(1) The Executive Chairperson shall refuse an application for an intra-corporate transferee permit in any of the following cases:

(a) where regulation 4 is not complied with;

(b) where the documents presented were fraudulently acquired, or falsified, or tampered with;

(c) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees;

(d) where the maximum duration of stay as defined in regulation 10(1) has been reached.

(2) The Executive Chairperson shall, if appropriate, refuse an application where the employer or the host entity has been sanctioned in accordance with national law.

(3) The Executive Chairperson may refuse an application for an intra-corporate transferee permit in any of the following cases:

(a) where the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, employment rights or working conditions;

(b) where the employer’s or the host entity’s business is being or has been wound up under the Companies Act or if no economic activity is taking place;

(c) where the intent or effect of the temporary presence of the intra-corporate transferee is to interfere with, or otherwise affect the outcome of, any labour management dispute or negotiation.

(4) The Executive Chairperson may refuse an application for an intra-corporate transferee permit on the grounds set out in regulation 10(2).

(5) Notwithstanding the provisions of sub-regulation (1), any decision to refuse an application shall take account of the specific circumstances of the case and respect the principle of proportionality. OF AN INTRA-CORPORATE TRANSFER [