IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   General powers of immigration officers

   4   Prohibited immigrants

   5   Passports

   6   Persons deemed not to be prohibited immigrants

   7   Certificate of identity for re-entry

   8   Restriction on landing and inspection of immigrants

   9   Information to be furnished by master

   10   Postponement of decision

   11   Leave for sick persons to remain in Island

   12   Leave for prohibited immigrant to remain in Island

   13   Visitors

   14   Intransit passengers and crew

   15   Extension of leave to remain in Island

   16   Certificate that person is not a prohibited immigrant

   17   Mistaken decision

   18   Prohibition on entry of prohibited immigrant

   19   Order for immigrant to leave

   20   Notice to prohibited immigrant and master of vessel

   21   Temporary leave pending security, etc

   22   Endorsement on passport of leave to land or remain in the Island

   23   Finger prints

   24   Conditions relating to passports and certificates

   25   Revocation of leave

   26   Removal orders

   27   Establishment of tribunal to review certain removal orders

   28   Liability of vessel to remove prohibited immigrant

   29   Warrant to convey prohibited immigrant back on vessel

   30   Offences by prohibited immigrants and persons permitting immigrants to land

   31   Offences and penalties

   32   Place of detention

   33   Evidence and burden of proof

   34   Recovery of expenses

   35   Regulations

   36   Exemptions

      SCHEDULE

 

THE IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT

[Date of Commencement: 27th December, 1945]

Cap 153.

Acts
8 of 1962
52 of 1968
26 of 1988.

LNs
41/1951,
32B/2005.

1   Short title

   This Act may be cited as the Immigration Restriction (Commonwealth Citizens) Act.

2   Interpretation

   (1) In this Act-

   "Chief Immigration Officer" and "immigration officer" respectively mean the Chief Immigration Officer and any immigration officer appointed by the Governor-General under the Aliens Act;

   "dependant" in relation to another person means-

   (a)   the wife of such person if she is not living apart from him under a decree of a competent court or a deed of separation;

   (b)   the child or step-child under the age of sixteen years, of such person;

   (c)   an adopted child under the age of sixteen years having been adopted by such person in a manner record by law;

   "domicile" means the place in which a person has his present home or in which he resides or to which he returns as his place of present permanent abode and not for a mere special or temporary purpose; and a Commonwealth citizen shall not be deemed to have a domicile within the Island for the purposes of this Act unless he has resided therein for at least two years otherwise than under terms of conditional or temporary residence permitted by this Act or any other enactment in force in the Island or as a person under detention in a prison, reformatory, orphanage, mental hospital or leper asylum, and a Commonwealth citizen shall be deemed for the purposes of this Act to have lost his domicile within the Island if he voluntarily go and reside outside the Island (except for a special or temporary purpose) with the intention of making his home outside the Island; and "domiciled" shall have a corresponding meaning;

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

   "immigrant" means a Commonwealth citizen who enters the Island from a place outside the Island, whether for the first or at any subsequent time;

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

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

   "passport" means a passport furnished with a photograph and duly issued to or renewed in favour of the person named therein not more than five years before the date of his arrival, or some other document establishing the identity and nationality of the immigrant to the satisfaction of the immigration officer,

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

   "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.

   (2) For the purposes of this Act a Commonwealth citizen shall be deemed to belong to the Island if he-

   (a)   was born in the Island or of parents who at the time of his birth were domiciled or ordinarily resident in the Island; or

   (b)   is domiciled in the Island; or

   (c)   has been ordinarily resident in the Island continuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any other part of Her Majesty's dominions or any territory under the protection of Her Majesty continuously for a period of seven years or more; or

   (d)   became a citizen of Jamaica by registration or by naturalisation or

[8/1962 s 16.]

   (e)   is a dependant of a person to whom any of the foregoing paragraphs applies.

   (3) For the purposes of this Act a Commonwealth citizen shall be deemed to belong to a particular place outside the Island if he-

   (a)   was born in that place or of parents who at the time of his birth were domiciled or ordinarily resident in that place; or

   (b)   is domiciled in that place; or

   (c)   has been ordinarily resident in that place continuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any other place continuously for a period of seven years or more; or

   (d)   is a dependant of a person to whom any of the foregoing paragraphs applies.

3   General powers of immigration officers

   For the purpose of performing his duties under this Act an immigration officer shall have the powers of a constable and may board and search any vessel arriving in the Island.

4   Prohibited immigrants

   (1) The following Commonwealth citizens (not being persons deemed to belong to the Island as defined by subsection (2) of section 2) are prohibited immigrants-

   (a)   any person who is likely if he entered the Island to become a charge on public funds by reason of infirmity of body or mind or of ill-health or who is not in possession of sufficient means to support himself and such of his dependant as he shall bring with him to the Island;

   (b)   any idiot or epileptic or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case he or a person accompanying him or some other person gives security to the satisfaction of the Chief Immigration Officer for his permanent support in the Island or for his removal therefrom whenever required by the Chief Immigration Officer;

   (c)   any person certified by a Health Officer to be suffering from a communicable disease which makes his entry into the Island dangerous to the community;

   (d)   any person over sixteen years of age who by reason of deficient education is unable to fill up the prescribed form of declaration for immigrants in his own handwriting and is likely to become a charge on public funds;

   (e)   any prostitute or any person who may be living on or receiving or may have lived on or received the proceeds of prostitution;

   (f)   the children under the age of sixteen years being dependants of a prohibited immigrant;

   (g)   any member of a class of person deemed by the Minister on economic or on account of standard or habit of life to be undesirable immigrants and so declared by order published in the Gazette;

   (h)   any person who, from information or advice which in the opinion of the Minister is reliable information or advice, is deemed by the Minister to be an undesirable inhabitant of or visitor to the Island,

   (i)   any person who, not having received a free pardon, has been in any country convicted of an offence for which a sentence of imprisonment has been passed and who for this reason is deemed by the Minister to be an undesirable immigrant;

   (j)   any person who is the subject of a deportation order in force under the Deportation (Commonwealth Citizens) Act.

   (2) Notwithstanding anything to the contrary in this Act contained, the Minister may exempt any Commonwealth citizen from the provisions of paragraphs (a) to (g) of subsection (1).

5   Passports

   (1) A Commonwealth citizen entering the Island without a passport shall be deemed to be a prohibited ;immigrant unless and until he explains why he has no passport, and establishes his identity and nationality, to the satisfaction of the immigration officer.

   (2) The Minister may by regulation exempt any class of Commonwealth citizens entering the Island from the provisions of this section either unconditionally or subject to such conditions as may by such regulation be imposed.

6   Persons deemed not to be prohibited immigrants

   The following Commonwealth citizens or classes of Commonwealth citizens shall not be prohibited immigrants for the purposes of this Act-

   (a)   persons who belong to the Island as defined by subsection (2) of section 2;

   (b)   persons in the service of the Government of the Island;

   (c)   members of Her Majesty's regular naval, military or air forces;

   (d)   persons who are duly accredited to the Government of the Island by or under the authority of Her Majesty or the Government of any foreign state, and the staff of any such persons;

   (e)   the dependants of the persons enumerated in the previous paragraphs of this section;

   (f)   any other persons or class of persons to whom this section may be applied by regulation.

7   Certificate of identity for re-entry

   The Chief Immigration Officer may in his discretion issue to any Commonwealth citizen who belongs to the Island, and who desires to proceed thereout with the intention of returning thereto a certificate of identity, when such Commonwealth citizen is for any reason apprehensive that he will be unable to prove on his return that he is not a prohibited immigrant.

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