ALIENS ACT

ARRANGEMENT OF SECTIONS

PART 1
Preliminary

   1   Short title

   2   Interpretation

   3   Retention of nationality

   4   Appointment of immigration officers

 

PART II
Admission of Aliens

   5   Restriction on landing of aliens

   6   Eligibility for admission

   7   Power to impose and vary conditions to grant of leave to alien to land

   8   Furnishing of security

   9   Inspection and detention of aliens

   10   Master to furnish returns

 

PART III
Supervision and Deportation of Aliens

   11   Registration

   12   Particulars to be furnished by hotel keepers and others

   13   Registration authorities and officers

   14   Special restrictions

   15   Deportation orders

   16   Expenses of deportation

 

PART IV
General

   17   Power to grant exemptions

   18   Documents of identity and furnishing of information

   19   Revocation and variation of orders, etc

   20   Offences and penalties

   21   Powers of arrest

   22   Regulations

   23   Saving for consuls, etc

      SCHEDULES

 

THE ALIENS ACT

[Date of Commencement: 28th February, 1946]

Cap 9.

Acts
48 of 1964,
25 of 1988.

PART I
Preliminary (sections 1-4)

1   Short title

   This Act may be cited as the Aliens Act.

2   Interpretation

   In this Act-

   "embark" includes departure by any form of conveyance;

   "Health Officer" means any registered medical practitioner appointed by the Governor-General to be a Health Officer for the purposes of this Act;

   "keeper" where used in relation to premises where accommodation is provided for reward, includes any person who for reward receives any other person to lodge in the premises either on his own behalf or as a manager or otherwise on behalf of any other person;

   "lands" includes arrival or entry by any form of conveyance, and references to landing shall unless the context otherwise implies, be deemed to include references to attempting to land;

   "member of a crew" means any person employed the working or service of a vessel;

   "passenger" means any person, other than a seaman, travelling or seeking to travel on board a vessel;

   "port" includes any place where a person lands in or embarks from the Island;

   "residence" means ordinary dwelling-place and, where an alien has more than one dwelling-place, each of such dwelling-places, and "resident" shall have a corresponding meaning,

   "seaman" means an officer or member of the crew of a vessel;

   "vessel" includes aircraft; and "master of a vessel" includes the pilot of an aircraft.

3   Retention of nationality

   For the purpose of this Act-

   (a)   there an alien is recognised as a national by the law of more than one foreign State, or where for any reason it is uncertain what nationality (if any) is to be ascribed to an alien, that alien may be treated as the national of the State with which he appears to be most closely connected for the time being in interest or sympathy, or as being of uncertain nationality or of no nationality;

   (b)   where a deportation order under the Aliens Admission and Deportation Regulation Law (now repealed) or under this Act is in force against any person, that person shall, unless the Minister otherwise directs, be deemed to retain his nationality as at the date of the order, notwithstanding any intervening naturalisation, marriage or any other event.

4   Appointment of immigration officers

   (1) The Governor-General may appoint a Chief Immigration Officer and also immigration officers for all or any specified parts of the Island for the purpose of carrying out the provisions of this Act and of any other enactment relating to immigration or deportation.

   (2) Subject to any special or general instructions issued by the Minister, officers appointed under this Act shall have power to enter or board any vessel and to detain and examine any person arriving at or leaving any port in the Island who is reasonably supposed to be an alien, and to require the production of any documents by such person, and shall have such other powers and duties as are conferred upon them by or under this Act or as may be prescribed for giving effect to this Act.

PART II
Admission of Aliens (sections 5-10)

5   Restriction of landing of aliens

   Subject to such exemptions as may be made by the Minister under section 17, an alien coming from outside the Island shall not land in the Island except with the leave of an immigration officer.

6   Eligibility for admission

   Leave shall not be given to an alien to land in the Island unless he complies with the following conditions, that is to say-

   (a)   he is in a position to support himself and his dependents;

   (b)   if desirous of entering the service of an employer in the Island, he produces a permit in writing issued to him and in his name under the provisions of the Foreign Nationals and Commonwealth Citizen (Employment) Act;

[48/1964 s 11.]

   (c)   he is not a person of unsound mind or a mentally defective person;

   (d)   he is not the subject of a certificate given to the immigration officer by a Health Officer that for medical reasons it is undesirable that the alien should be permitted to land;

   (e)   he has not been sentenced in a foreign country for any extraditable crime within the meaning of the United Kingdom Extradition Acts, 1870 to 1906;

   (f)   he is not the subject of a deportation order in force under this Act or under the Aliens Admission and Deportation Regulation Law (now repealed);

   (g)   he has not been prohibited from landing by the Minister;

   (h)   he is in possession of a visa (unless he is a national of a country with which an agreement for the mutual abolition of visas is in force);

   (i)   he fulfils such other requirements as may be prescribed.

7   Power to impose and vary conditions to grant of leave to alien to land

   (1) An Immigration Officer, in accordance with general or special directions of the Minister, may attach such conditions as he may think fit to the grant of leave to an alien to land in the Island, and the Minister or the Chief Immigration Officer acting under the directions of the Minister may at any time vary such conditions in such manner as he thinks fit and the alien shall comply with the conditions so attached or varied.

   (2) An immigration officer may require an alien, as a condition of granting him leave to land, to give the prescribed security, and the Chief Immigration Officer may require an alien, as a condition of granting a variation of a condition attached to the leave to land, to give the prescribed security.

   (3) An alien who fails to comply with any condition attached to the grant of leave to land or imposed by way of variation of any condition so attached, or an alien who is found in the Island at any time after the expiration of the period limited by any such condition, shall for the purpose of this Act be deemed to be an alien to whom leave to land has been refused.

8   Furnishing of security

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   (1) Whenever security has to be furnished by an alien under this Act such security shall be in the form of a deposit made with the Accountant-General and the amount thereof shall, according to the case be-

   (a)   sixty dollars if he belongs to Colombia or Venezuela or a country forming part of the continent of America to the north of those countries, or to any of the Islands of the North Atlantic Ocean;

   (b)   one hundred dollars if he belongs to a country forming part of the continent of America to the south of Colombia or Venezuela, or to a country forming part of the continent of Europe or of Africa;

   (c)   two hundred dollars if he belongs to any other country:

   Provided that in special cases, to be approved by the Minister, the alien may give a security bond with one or more sureties acceptable to the Chief Immigration Officer.

   (2) Any sum deposited under subsection (1) may be applied in meeting any charges incurred by public or parochial funds for the maintenance of the alien or his dependents or incurred otherwise in connection with him or them while in the Island or for his or their deportation or repatriation and the balance, if any, or the whole, if no part is applied as aforesaid, shall only be refunded upon the fulfillment of the conditions attached to the grant of leave to land or imposed by way of variation of such conditions, and upon the alien leaving the Island within the period limited by such conditions, or upon the cancellation of the conditions by the Minister.

9   Inspection and detention of aliens

   (1) An immigration officer or a Health Officer may inspect any alien seeking to land in the Island and any such inspection shall be made as soon as practicable after his arrival.

   (2) For the purpose of such inspection an alien may land temporarily and, provided he submits himself forthwith to such inspection, shall be deemed not to have landed. Any such alien may be detained in such manner as the Minister may direct and while so detained shall be deemed to be in legal custody.

   (3) An alien landing in contravention of this Act and an alien seaman who, having been granted temporary shore leave during his vessel's stay in port, is reasonably suspected of having acted or of being about to act in contravention of this Act may, notwithstanding any intervening prosecution, be detained in such manner as the Minister may direct, until dealt with under subsection (5), or otherwise in accordance with the provisions of this Act, and whilst so detained shall be deemed to be in legal custody.

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