Immigration and Passport Act

Link to law: http://laws.gov.ag/acts/chapters/cap-208.pdf
Published: 1946

Immigration and Passport (CAP. 208 1

CHAPTER 208

T H E IMMIGRATION AND PASSPORT ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Appointment and powers of immigration officers.
4. Penalties for failing to answer interrogatories.
5. Admissibility of answers given in interrogation.
6. Power to prohibit entry of aliens.
7. Enumeration of prohibited immigrants.
8. Entry of certain persons prohibited.
9. Who are not prohibited immigrants.

10. No prohibited immigrant to enter Antigua and Barbuda.
1 1. Power to postpone decision.
12. Certificate that a person is not a prohibited immigrant.
13. Mistaken decision that a person is not a prohibited

immigrant.
14. Control of entry.
15. Passports.
16. Persons claiming to be British subjects.
17. Permits for prohibited immigrants to reside in Antigua

and Barbuda.
18. Temporary permits for sick persons.
19. Temporary permits pending appeal etc.
20. Bona fide visitor.
21. Entry permits.
22. Permits to extend stay.
23. Revocation of permits.
24. Orders for prohibited immigrants to leave Antigua and

Barbuda.
25. Removal orders.
26. Master to furnish list of passengers and penalty for false

information.
27. Master may prevent landing.
28. Master to be held harmless.

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2 CAP. 208) Immigration and Passport

29. Liability of vessel to repatriate a prohibited immigrant.
30. Master and owners of vessel liable for expenses.
31. Recovery of expenses.
32. Certificate of indemnity.
33. Conditions and restrictions relating to permits and

certificates.
34. Photographs and fingerprints may be taken.
35. Place of detention.
36. Police to assist immigration officers.
37. Antigua and Barbuda Passports.
38. Power to make regulations.
39. Appeal against detention or restriction of prohibited

immigrant.
40. Offences.
41. Penalty.

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Immigration and Passport (CAP. 208 3

IMMIGRATION AND PASSPORT 711945.
1311953.
511954.

S.R.O. 2211956.
(10th January, 1946.) 611959.

1711963.
1111964.
1811969.

711971.
S.R.O. 4611981.

2211981.
2111982.
1811989.

1. This Act may be cited as the Immigration and Short title.
Passport Act.

2. (1) In this Act- Interpretation.

"alien7' means a person who is not a Commonwealth
citizen or a British protected person;

"British protected person" means a person who is a
British protected person for the purposes of the
British Nationality Act, 1948, or any Act of the
parliament of the United Kingdom amending or
replacing that Act;

"British subject'' and "Commonwealth citizen" have
the same meaning, that is-

(i) a person who under the British Nationality
Act 1948 is a citizen of the United Kingdom
and Colonies or who under any enactment for
the time being in force in a country mentioned
in section 1 (3) of that Act is a citizen of that
country; and

(ii) any other person who has the status of a British
subject under that Act or any subsequent
enactment;

"Citizen of Antima and Barbuda" means a Derson who
is a citizen i f Antigua and Barbuda unier and by
virtue of the ~rovisions of Chauter VIII of the
Constitution or of any other law relating to citizen-
ship of Antigua and Barbuda;

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CAP. 208) Immigration and Passport

"the Constitution" means the Constitution of Antigua
S.I. I ~ ~ I I I I O ~ . and Barbuda set out in Schedule 1 to the Antigua

and Barbuda Constitution Order 1981;

"dependant" in relation to another person means-

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

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

(iii) an adopted child under the age of sixteen years
having been adopted by such person in a
manner recognised by law.

' 6 engage in gainful occupation" means-

(i) to take and continue in any employment; or

(ii) to practise any profession; or

(iii) to carry on any trade; or

(iv) to engage in business; or

(v) to engage in such other form of occupation as
may be specified in regulations made under
this Act,

where such employment, profession, trade or business is taken
or continued or is practised, carried on or engaged in, for
reward, profit or gain:

Provided that such expression shall not include any
exception which may be prescribed;

66. immigrant" means a person who enters Antigua and
Barbuda from a place outside Antigua and
Barbuda, whether for the first or at any subsequent
time;

"master" means the person having command or charge
of a vessel;

6 < passport" means a passport issued not more than ten
years previously, or renewed not more than five
years previously, by or on behalf of the Government

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I m m k a t i o n and Passport (CAP. 208 5

of the country of which the person to whom it relates
is a subject or citizen or some other recognised
travel document satisfactorily establishing the
national status and identity of the person to whom
it relates, which passport or document is still in
force and has attached to it a photograph of the
person to whom it relates;

"port of entry" means any port or port of entry declared
as such by regulations made under section 38;

6' vessel" means any ship, schooner, sloop, boat or other
floating craft and includes any description of
aircraft.

(2) For the purposes of this Act, a person enters Antigua
and Barbuda if he arrives by sea or by air with the intention
of disembarking in Antigua and Barbuda or if he disembarks
in Antigua and Barbuda. A person who arrives in Antigua
and Barbuda by any ship or aircraft shall not be deemed
to land or reside in Antigua and Barbuda-

(i) if, as respects an arrival by ship, he does not
leave that ship, or without going ashore he
transfers himself to another ship with the
intention of departing from Antigua and
Barbuda by such latter ship, and does not leave
that latter ship; or

(ii) if, as respects an arrival by air, he does not
leave the airport within which the passengers
for that aircraft are disembarked:

Provided that a person who is not bonafide a passenger
in transit on a ship shall be deemed to remain and reside
in Antigua and Barbuda if he resides in the vessel (including
a yacht or houseboat) within the territorial sea of Antigua
and Barbuda.

3. (1) The Commissioner of Police shall be the Chief t!;,"zyt and
Immigration Officer for the purposes of this Act and he shall immigration
have all the powers conferred by this Act upon immigration
officers in addition to such powers as are specifically confer-
red upon the Chief Immigration Officer by this Act.

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CAP. 208) Immigration and Passport

(2 ) The Governor-General may appoint such
immigration officers as he shall think fit for the purpose of
carrying out the provisions of this Act:

Provided that no police officer below the rank of
subordinate police officer may be so appointed.

(3) For the purpose of exercising his powers and
functions and carrying out his duties under this Act any
immigration officer may-

(i) without a search warrant enter upon or into
and search any ship, aircraft or any vehicle
being landed in Antigua and Barbuda from
any ship or aircraft;

(ii) interrogate any person other than a citizen of
Antigua and Barbuda who deslres to enter
Antigua and Barbuda or any person whom he
has reasonable grounds for believing to be a
prohibited immigrant;

(iii) require any person who desires to enter or
leave Antigua and Barbuda to make and sign
any prescribed form of declaration;

(iv) require any person who desires to enter
Antigua and Barbuda to submit to be
examined by a medical practitioner appointed
in that behalf by the Minister for the time
being charged with the responsibility for
Health and to undergo and to assist in the
carrying out of any test or investigation which
such medical practitioner may require; and

(v) require the master of a ship or captain of an
aircraft arriving from or leaving for any place
outside Antigua and Barbuda or the agent of
such ship or aircraft to furnish a list in
duplicate signed by himself of the names of
all persons on the ship or aircraft and such
other information as may be prescribed.

(4) Any immigration officer may, in writing, summon
for the purposes of interrogation any person whom he is
empowered by paragraph (ii) of subsection (3) of this section
to interrogate, and may require any such person to produce

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Immigration and Passport (CAP. 208 7

any document in his custody or possession or under his
control relating to any matter upon which he may be
interrogated.

(5) Any immigration officer investigating any offence
or alleged or suspected offences under this Act or any
regulations made thereunder shall have all the powers,
privileges, protections and authorities conferred by law on
a police officer for and in relation to the investigation of
offences.

(6) If any immigration officer or any police officer has
reasonable cause to suspect that any person, other than a
citizen of Antigua and Barbuda, has committed an offence
under this Act or any regulations made thereunder or that
the presence of any person in Antigua and Barbuda is
unlawful, and if it appears to him to be necessary to arrest
such person immediately in order to ensure that the purposes
of this Act shall not be defeated, he may arrest such person
without a warrant, whereupon the provisions of section 37
of the Magistrate's Code of Procedure Act shall apply in
any such case.

4. Any person who- Penalties for
failing to answer

( a ) having been summoned under subsection (4) interro~atories~
of section 3 without reasonable excuse fails to attend
at the time and place appointed; or

(6) refuses or fails to answer fully and truthfully
any question or inquiry lawfully put to him in the course
of interrogation under paragraph (ii) of subsection (3)
of section 3; or

(c) gives any answer which he knows or has
reasonable cause to believe to be false or misleading to
any such question or inquiry as aforesaid; or

(d) when required to produce any document under
subsection (4) of section 3 refuses or fails to produce
within a reasonable time any such document which it
is in his power to produce, or produces any document
which he knows or has reasonable cause to believe to
be false or misleading; or

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8 CAP. 208) Immigration and Passport

(e ) otherwise knowingly misleads any immigration
officer acting under paragraph (ii) of subsection ( 3 ) of
section 3 or under subsection (4) of section 3 ,

shall be guilty of an offence against this Act.

Admissibility of
answers given in

5 . (1) Subject to subsection (3) of this section, all
interrogation. answers to questions lawfully put in interrogation under

paragraph (ii) of subsection ( 3 ) of section 3 , and all documents
produced on requisition under subsection (4) of section 3,
shall be admissible in evidence in relation to any matter
arising under or connected with this Act or any regulations
made thereunder, in any proceedings to which this section
applies.

(2) This section shall apply to

(a ) any civil proceedings; and

( 6 ) any criminal proceedings in respect of an
offence against section 4.

( 3 ) Nothing in this section shall be construed as
rendering any such answer or document admissible in
evidence in any proceeding in which by any law in force
in Antigua and Barbuda they would be inadmissible.

Power to
prohibit entry of

6. Notwithstanding anything contained in this or any
aliens. other Act, the Governor-General may, in his absolute

discretion, by order prohibit the entry into Antigua and
Barbuda of any alien, or class of aliens.

Enumeration of
prohibited

7. The following persons, not being citizens of Antigua
immigrants. and Barbuda, are prohibited immigrants-

( a ) any person who is likely if he entered Antigua
and Barbuda to become a public charge by reason of
infirmity of body or mind or who is not in possession
of sufficient means to support himself and such of his
dependants as he shall bring with him to Antigua and
Barbuda;

( 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

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Immigration and Passport (CAP. 208 9

some other person gives security to the satisfaction of
the Accountant-General for his permanent support in
Antigua and Barbuda or for his removal therefrom
whenever required by the Accountant-General;

(c) any person certified by a medical officer to be
suffering from a contagious or infectious disease which
makes his entry into Antigua and Barbuda dangerous
to the community;

(6) 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 appears to be an undesirable
immigrant;

( e ) any person who is reasonably believed to have
come to Antigua and Barbuda for any immoral purpose,
or who, being a woman or girl, is reasonably believed
to be a prostitute or to have come to Antigua and
Barbuda for the purpose of prostitution;

V) any alien or class of aliens prohibited from enter-
ing Antigua and Barbuda under the provisions of sec-
tion 6;

e) any person who, since attaining the age of
fourteen years, has been convicted in any place of
murder or an offence of a nature punishable in Antigua
and Barbuda with imprisonment for a term of three years
or more and who by reason of such conviction is deemed
by an immigration officer to be an undesirable
immigrant;

(h ) the dependants of a prohibited immigrant

8. The entry of any of the following into Antigua and Entry of certain
persons

Barbuda is hereby prohibited- prohibited.

(a) any person who is not a citizen of Antigua and
Barbuda or class of persons who are not citizens of
Antigua and Barbuda, whose entry into Antigua and
Barbuda is deemed by Order of the Cabinet on economic
grounds or on account of the standards or habit of life
of such person or class of persons, to be undesirable; and

( b ) any person not being a citizen of Antigua and
Barbuda, who from information and advice that in the

LAWS OF ANTIGUA AND BARBUDA

Who are not
prohibited
immigrants.

No prohibited
immigrant to
enter Antigua
and Barbuda.

Power to
postpone
decision.

CAP. 208) Immigration and Passport

opinion of the Cabinet is reliable information or advice,
is deemed by Order of the Cabinet to be an undesirable
inhabitant of or visitor to Antigua and Barbuda,

and if any of the persons mentioned in paragraphs (a) and
(6) of this section are at any time after the making of such
Order found in Antigua and Barbuda such persons shall be
deemed to be prohibited immigrants and may be dealt with
as such.

9. The following persons or classes of persons shall
not be prohibited immigrants for the purpose of this Act-

(a ) Citizens of Antigua and Barbuda.

(6) Members of Her Majesty's regular, naval,
military or air forces.

(c) Persons in the service of the Government of
Antigua and Barbuda.

(d) Persons who are duly accredited to Antigua and
Barbuda by or under the authority of Her Majesty or
the Government of any Commonwealth or foreign state,
or the wife, family, staff or servants of any such persons.

( e ) Any other person or class of persons to whom
this section may be applied by order of the Cabinet.

10. Except as otherwise specifically provided by this
Act no prohibited immigrant shall enter Antigua and
Barbuda, and where it is brought to the notice of the Chief
Immigration Officer that a prohibited immigrant has entered
Antigua and Barbuda after the commencement, and in
contravention of any of the provisions of this Act, he shall
exercise, in relation to such prohibited immigrant, his powers
under section 24.

1 . (1) The Chief Immigration Officer may for the
purpose of making further inquiry and for such period as
may be necessary therefor postpone deciding whether a
person is or is not a prohibited immigrant.

( 2 ) An immigration officer may grant a permit for an
immigrant to disembark without prejudice to the question
whether he is or is not a prohibited immigrant.

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Immigration and Passport (CAP. 208 1 1

12. Where it is decided that an immigrant is not a Certificate that a
person is not a prohibited immigrant, the Chief Immigration Officer shall,

if so required, give that person the prescribed certificate. immigrant.

13. A decision by the Chief Immigration Officer that Mistaken
decision that a

a person is not a prohibited immigrant given by mistake person is not a
or in ignorance of any material facts or in consequence of ~ ~ , " i ~ ~ ~ .
any misrepresentation by the immigrant shall not affect the
liability of the immigrant to be dealt with as a prohibited
immigrant.

14. (1) No person shall enter Antigua and Barbuda Of entry.
by sea except at a port of entry.

( 2 ) Subject to the provisions of section 15 of this Act
no person shall land in Antigua and Barbuda from any place
outside Antigua and Barbuda unless-

( a ) he is in possession of a valid permit in writing
granted to him under the provisions of this Act; or

( 6 ) he is exempted from the provisions of this
section under the provisions of subsection ( 5 ) of this
section.

(3) Every person entering Antigua and Barbuda by air
shall forthwith present himself in person to the nearest
immigration officer.

(4) Every person entering Antigua and Barbuda shall
if required by an immigration officer-

( a ) make and sign the prescribed declaration; and

( b ) submit to be examined by a medical officer.

( 5 ) Subject to the other provisions of this Act any person
who satisfies an immigration officer that he is a bonafide visitor
within the meaning of section 20 of this Act, or that he comes
within any of the categories of persons enumerated in section
9 of this Act, shall be entitled to land in Antigua and Barbuda
without having obtained a permit under this Act.

(6) Any person who shall remain in Antigua and
Barbuda after the expiration or cancellation of any permit

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12 CAP. 208) Immigration and Passport

shall be deemed to have landed in Antigua and Barbuda
contrary to the provisions of this section.

(7) Any person who lands in Antigua and Barbuda in
contravention of this section shall be guilty of an offence
against this Act.

(8) Any magistrate, on its being proved to his
satisfaction on oath that any person has landed from a ship
or aircraft contrary to the provisions of this Act, may grant
a warrant under his hand requiring any police officer to
apprehend such person and carry him on board such ship
or aircraft, if it shall then be in Antigua and Barbuda, or
to take such person before a magistrate to be dealt with as
a prohibited immigrant.

Passports. 15. (1) Every person, other than a citizen of Antigua
and Barbuda as hereinbefore defined, landing in Antigua
and Barbuda from any place beyond Antigua and Barbuda
shall be in possession of a passport, that is to say-

(a) in the case of a Commonwealth citizen, he shall
have in his possession a passport of the commonwealth
country of which he is a citizen;

(b) in the case of a British protected person, he shall
have in his possession a British passport; and

(6) in the case of an alien (other than an alien who
is a British protected person) he shall have in his
possession a passport which has been visaed by a
consular agent or consular officer in the service of the
Government of Antigua and Barbuda or other person
duly so authorised;

and shall produce the same to the Immigration Officer on
demand.

(2) It shall be lawful for the Governor-General in his
discretion by Order to exempt any persons or class of persons
either permanently or for a limited period from all or any
of the provisions of this section.

(3) Every person intending to depart from Antigua and
Barbuda shall, if required to do so by an immigration officer,
produce for inspection any passport, visa, document

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Immigration and Passport (CAP. 208 13

evidencing nationality, document evidencing permission to
enter any country, or other document of a like nature, in
his possession.

(4) Any person who fails to comply with any such
requirement shall be guilty of an offence against this Act.

16. Any person arriving in Antigua and Barbuda P," ;~ ; ;~~~g
from any place beyond Antigua and Barbuda and claiming ,,~ject,.
to be a British subject or a British protected person within
the meaning of this Act but who is unable to satisfy the Chief
Immigration Officer that he is such shall, until the contrary
is proved to the satisfaction of the Chief Immigration Officer,
be deemed to be an alien.

17. (1) Notwithstanding anything to the contrary in ;;;rC;tf;
this Act contained, the Governor-General or by his direction immigrants to
the Chief Immigration Officer, may grant a permit for a reside in Antigua

and Barbuda. prohibited immigrant (other than an immigrant to whom
section 8 applies) to enter and remain in Antigua and
Barbuda either unconditionally or subject to such conditions
as to duration and place of residence, occupation, or any
other matter or thing, whether prescribed or not, as the
Governor-General may think expedient.

(2) Immigration officers may grant permits for
prohibited immigrants to remain in Antigua and Barbuda
for temporary purposes in accordance with the provisions
of this Act.

18. (1) An immigration officer may, with the consent Temporary
permits for sick

of a medical officer, grant a permit for an immigrant suffering persons.
from a contagious or infectious disease to remain in Antigua
and Barbuda for the purposes of treatment, subject to such
conditions as the medical officer may deem necessary for
the protection of the community.

(2) The grant of a permit under this section shall not
prejudice a subsequent decision that the immigrant is a
prohibited immigrant on another ground and any
consequential action which may be taken under this Act.

(3) On the conclusion of his treatment or at such earlier
time as may be specified in the permit or communicated to

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14 CAP. 208) Immigration and Passport

Temporary
permits pending
appeal etc.

him by the immigration officer, the immigrant shall present
himself in person to the immigration officer for examination.

19. ( 1 ) Whenever-
(a ) a prohibited immigrant has delivered notice of

appeal;

(b ) a prohibited immigrant is ordered to leave
Antigua and Barbuda;

(c) the Chief Immigration Officer postpones
deciding whether a person is a prohibited immigrant; or

(6) security is required to be given in respect of
an immigrant;

the Chief Immigration Officer may grant a permit for the
immigrant to remain in Antigua and Barbuda for so long
as the immigration officer considers necessary.

(2) In lieu of granting the permit or on revocation or
expiration of the permit, the Chief Immigration Officer may
cause the immigrant to be arrested and brought before a
Magistrate's Court which may either order the permit to
be granted, restored, or renewed and the immigrant to be
released, or order the immigrant to be detained in custody
until the matter is disposed of or until an opportunity occurs
for him to leave Antigua and Barbuda, as the case may
require.

Bona fide visitor. 20. ( 1 ) Subject to the provisions of this Act, a person
shall be deemed to be a bona fide visitor to Antigua and
Barbuda for the purposes of this Act if at the time of his
landing and throughout the period during which he remains
in Antigua and Barbuda he complies with the following
conditions-

(a) he has a ticket or other means of travelling to
some other country which he will be able to enter;

(b) his stay in Antigua and Barbuda is limited to
six months;

(c) he does not engage in any gainful employment;
and

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Immigration and Passport (CAP. 208 15

(d) he does not behave in a manner prejudicial to
the peace, order and good government of Antigua and
Barbuda.

(2) The decision as to whether a person has acted in
a manner prejudicial to the peace, order and good
government of Antigua and Barbuda for the purposes of this
section shall lie with the Cabinet.

(3) When any person who has landed and remained
in Antigua and Barbuda as a bona fide visitor is in breach
of any of the conditions mentioned in subsection ( 1 ) of this
section, he shall thereupon cease to be deemed to be a bona
fide visitor for the purposes of this Act, and unless in the
meantime he has taken steps to obtain an entry permit under
section 14 of this Act or he satisfies an immigration officer
that he comes within the provisions of section 9 of this Act,
he shall be deemed to be a person who has landed in Antigua
and Barbuda without a permit in contravention of section 14
of this Act.

2 1. ( 1 ) In pursuance of any regulations in force for Entry permits.
the time being and subject to such special or general directions
as the Governor-General may see fit to give to any
immigration officer, a permit to enter Antigua and Barbuda
may be issued on the authority of the Chief Immigration
Officer to any person not being a prohibited immigrant. Any
such permit shall be in writing and shall be subject to such
conditions as may be prescribed by regulations.

(2) Without prejudice to the other provisions of this Act,
the Chief Immigration Officer may require any applicant
for the grant of an entry permit-

( a ) to furnish him with such evidence of good
character in respect of himself and his dependants as
he may consider necessary;

( 6 ) to furnish him with medical certificates with
respect to himself and his dependants certified by medical
authorities acceptable to him and with such particulars
as he may consider necessary;

(6 ) to satisfy him that he is able to maintain himself
and his dependants in Antigua and Barbuda;

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16 CAP. 208) Immigration and Passport

(d).to provide full particulars of any gainful
occupation in which he proposes to engage;

( e ) give a bond for such sum and with such
securities as he may approve for securing payment of
any public charges that may be incurred in respect of
the applicant or his dependants:

Provided that the Governor-General may cancel
any such bond at any time on being satisfied that the necessity
for the bond no longer exists;

(f) to deposit with the Accountant-General such
sum of money as may be prescribed by regulations made
under this Act to defray the expenses of the transporta-
tion of the applicant and of his dependants to a country
outside Antigua and Barbuda willing to receive him or
them and such other sum as may be specified in such
regulations;

(g) to produce evidence to his satisfaction of
possession of a sum of money sufficient to enable him
to maintain himself and his dependants during the period
of his stay; and

(h ) to furnish him with such particulars as he may
consider material to the consideration of the application.

(3) Any permission granted by an immigration officer
under this section to any person to land in Antigua and
Barbuda may without prejudice to any express provision of
this Act-

(a) be limited in duration to a time specified in
the permission;

( b ) be granted subject to compliances with such
conditions or restrictions (if any) as the immigration
officer or, the Chief Immigration Officer, may think
desirable to impose;

( c ) be granted by an immigration officer subject
to the express condition contained therein that such
permission is to be effective only if the Chief
Immigration Officer grants a new permit within a time
specified in such permission.

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Immigration and Passport (CAP. 208 17

(4) Any conditions or restrictions imposed as aforesaid
shall be communicated in writing to a person about to land.

(5) Any person who fails to comply with any condition
or restriction imposed as aforesaid shall be guilty of an offence
against this Act.

(6) Where a person, who has landed and remained in
Antigua and Barbuda in pursuance of the provisions of
paragraph (c) of subsection (3) of this section, has taken no
steps to or has failed to obtain an entry permit signed by
the Chief Immigration Officer he shall unless he can satisfy
the Chief Immigration Officer that he comes within the
provisions of section 9 of this Act be deemed to be a person
who has landed in Antigua and Barbuda without a permit
in contravention of section 14 of this Act.

(7) The Chief Immigration Officer or any immigration
officer authorised in writing by the Chief Immigration Offlcer
may in any case either withhold any permission or, as the
case may be, grant any permission subject to any duration,
condition or limitation without assigning any reason for that
decision.

22. (1) Where any person desires to remain in Permits to
extend stay.

Antigua and Barbuda after the expiration of a permit granted
under this Act, he shall, before such expiration, present
himself in person to the Chief Immigration Officer and shall
be dealt with as if he were an immigrant entering Antigua
and Barbuda for the first time.

(2) For any permit granted to a person after the
expiration of any permit granted to him under this Act there
shall be paid by that person to the Chief Immigration Officer
a fee-

(a) of fifty dollars where that person is a citizen
of Barbados, Belize, the Commonwealth of Dominica,
Grenada, the Co-operative Republic of Guyana,
Jamaica, Saint Christopher and Nevis, Saint Lucia,
Saint Vincent and the Grenadines or of the Republic
of Trinidad and Tobago;

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18 CAP. 208) Immigration and Passport

( 6 ) of fifty dollars where that person is a citizen
of the United Kingdom and the Colonies of Anguilla,
the British Virgin Islands or Montserrat; and

( c ) of one hundred dollars in the case of citizens
of the United Kingdom other than those specified in
item ( 6 ) above and of any other person.

(3) All fees paid under the preceding subsection shall
be paid by the Chief Immigration Officer into the Treasury.

Revocation of
permits.

23. ( 1 ) A permit granted under this Act may at any
time be revoked by the Governor-General or by the Chief
Immigration Officer acting on the direction of the Governor-
General, and may also be revoked where the terms of the
permit so provide.

(2) Where a permit is revoked, the immigrant may be
arrested and brought before a Magistrate's Court which shall
deal with the immigrant according to law:

Provided that the Court may, if the permit was not
revoked by or by the direction of the Governor-General, order
the permit to be restored and the immigrant to be released.

Orders for
prohibited

24. In the event of the Chief Immigration Officer
immigrants to deciding that a person is a prohibited immigrant, the Chief
leave Ant ipa Immigration Officer may in his discretion-
and Barbuda.

( a ) within fifteen days after the arrival of such
person in Antigua and Barbuda, order him to leave
Antigua and Barbuda within a specified period, and,
if the Chief Immigration Officer sees fit, by a specified
vessel; or

( 6 ) cause him to be arrested and brought before
a Magistrate's Court with a view to an order being made
for his removal.

Removal orders. 25. ( 1 ) If any person is held to be a prohibited
immigrant, then subject to the provisions of this Act and
the terms of any permit granted under this Act, any
Magistrate's Court may on the application of an immigration
officer, or of any person deputed in writing by the Chief
Immigration Officer for the purpose of making such

LAWS OF ANTIGUA AND BARBUDA

Immigration and Passport (CAP. 208 19

application, order the immigrant to be removed from Antigua
and Barbuda and in the meantime to be detained in custody:

Provided that no application for such order shall be
entertained in the case of a British subject (not being a person
who entered Antigua and Barbuda in contravention of
subsection (1) of section 14 or who, on entering Antigua and
Barbuda, contravened or failed or refused to comply with
subsections (2) or (3) of the said section) unless the application
is made-

(a) if he entered Antigua and Barbuda in
accordance with a permit granted under section 11,
within six months after the decision of the Chief
Immigration Officer that he is a prohibited immigrant;

(b) if he entered Antigua and Barbuda in accord-
ance with a permit granted under section 18, within
six months after the date on which such immigrant
should have presented himself in person to the immigra-
tion officer for examination;

(c) if he entered Antigua and Barbuda in
accordance with a permit granted under section 17,
within six months after the expiry of such permit;

(d) in any case in which an appeal has been made
to a Magistrate's Court or the Court of Appeal against
a decision that he is a prohibited immigrant, within six
months after the determination of the appeal;

(e) in other cases, within six months of his arrival
in Antigua and Barbuda.

(2) Any immigrant ordered to be removed may be
placed on board a suitable vessel by any police officer or
immigration officer and may be lawfully detained in custody
on board so long as the vessel is within the territorial sea
of Antigua and Barbuda.

(3) Where an immigrant who is ordered to be removed
is serving a sentence of imprisonment, the Governor-General
may give directions as to whether the whole or what part
of the sentence is to be served before removal. In default
of such directions, the immigrant shall be removed after the
completion of the sentence.

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 208) Immigration and Passport

Master to furnish 2 6. (1) The master of a vessel from any place outside
lift of passengers

penalty for Antigua and Barbuda or departing from Antigua and
false information. Barbuda shall, if so required, furnish any immigration officer

with a list in duplicate signed by himself of the names of
all passengers in the vessel and such other information as
may be prescribed and every such passenger shall supply
the information necessary for the purpose of the list.

(2) Any master who shall either refuse to supply such
list or to answer any such questions or who shall knowingly
and wilfully give an untrue answer thereto shall be liable
on summary conviction to a fine of three thousand dollars.

(3) Any passenger intending to enter Antigua and
Barbuda who shall knowingly and wilfully supply any false
information in respect of such list or in answer to any proper
question put to him by an immigration officer in respect of
the particulars required for such list or otherwise for the
purposes of this Act shall be liable on summary conviction
to a fine of three thousand dollars.

Master may
prevent landing.

27. The Master of a vessel may use all reasonable
and proper means (including force if necessary) to prevent
any person landing in Antigua and Barbuda contrary to the
provisions of this Act.

Master to be
held harmless.

28. The master of any vessel may, on the desertion
of any seaman, or the landing of any stowaway, or prohibited
immigrant, on board his vessel, apply to a Magistrate who
shall grant such application, unless there are special reasons
for not doing so, for a warrant to arrest and convey back
on board ship such seaman, stowaway, or prohibited
immigrant, and on so doing such master shall be held
harmless of all pains and penalties at law for so doing.

Liability of
vessel to

29. (1) Any person to whom leave to disembark has
repatriate a been refused and who has not given notice of appeal as
prohibited hereinafter provided shall be removed from Antigua and
immigrant. Barbuda by the master of the vessel in which he arrived,

and by the same vessel, or with the consent of an immigration
officer he shall be removed by the owner or agent of that
vessel, by any other vessel, to the country to which he belongs
or from which he embarked for Antigua and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

Immigration and Passport (CAP. 208 2 1

(2) If an immigrant, in respect of whom notice was given
to the master or local agent or owner of a vessel as required
by subsection (1) of section 39, is ordered to be removed
from or to leave Antigua and Barbuda within sixty days of
his arrival in Antigua and Barbuda, the master of the vessel
in which the immigrant arrived or of any vessel belonging
to the same owner or chartered by him shall at the request
of an immigration officer and on production to him of the
order receive the immigrant (and any of his dependants whom
he may have brought with him by the same vessel into
Antigua and Barbuda) on board and afford them a passage
to the country to which the immigrant belongs or from which
he embarked for Antigua and Barbuda.

(3) In the event of the immigrant and his dependants
being unable to defray the expenses of the passage required
to be provided under the preceding subsections the master
shall nevertheless provide the immigrant (and any of his
dependants whom he may have brought with him by the
same vessel into Antigua and Barbuda) with suitable
accommodation and maintenance during the passage free
of charge to the public funds of Antigua and Barbuda; saving
nevertheless to the master the right to recover such expenses
from the immigrant and his dependants.

(4) Except as provided in the preceding subsections, the
expenses of passage of a prohibited immigrant and his
dependants (if any) removed from Antigua and Barbuda shall
be payable from the public funds of Antigua and Barbuda
in so far as they are not defrayed by the immigrant and his
dependants.

30. The master, owners and agents of any vessel from Master and
owners of vessel

which any person lands in Antigua and Barbuda contrary liable for
to the provisions of this Act shall be jointly and severally expenses.
liable for all expenses incurred by the Government in
detaining and maintaining such person pending deportation
and such expenses shall be recoverable as a debt due to the
Crown from the master, owners and agents.

31. (1) A Magistrate who is satisfied that any expenses. Recovery of
expenses have been or will be incurred by the Government
in connection with the maintenance, medical treatment, or
removal of an immigrant, his wife, children, or dependants

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 208) Immigration and Passport

may issue a warrant for the levy of the amount by distress
and sale of any moveable property belonging to the
immigrant.

(2) Such warrant may be executed in the same manner
as a warrant for the levy of the amount of a fine under the
Magistrate's Code of Procedure Act.

(3) The partial recovery of expenses under this section
shall not prejudice the liability of any surety for the balance,
nor shall the issue or execution of a warrant under this section
be a condition precedent to the liability of a surety.

Certificate of
identity.

32. The Chief Immigration Officer may in his
discretion authorise the issue of a certificate of identity to
any Citizen of Antigua and Barbuda and who desires to
proceed thereout with the intention of returning and is for
any reason apprehensive that he will be unable to prove on
his return that he is not a prohibited immigrant.

Conditions and 33. (1) A person to whom a permit or certificate
restrictions
relating to under this Act has been granted shall at all times produce
permits and it to any immigration officer or police officer on demand
certificates.

and shall not lend, transfer, or assign it to any other person.

(2) No person shall borrow or make use of a permit
or certificate which has been granted under this Act to any
other person.

(3) A person having in his possession a permit or
certificate appearing to have been granted under this Act
shall answer all questions put to him by an immigration
officer for the purpose of establishing his identity with the
person named in the permit or certificate, and shall, if so
required by an immigration officer, submit to his finger-prints
being taken for that purpose.

Photographs and
fingerprints may

34. A person held to be a prohibited immigrant or
be taken. to whom a permit is issued shall, if so required by any

immigration officer, submit to his photograph and finger-
prints being taken by such immigration officer or by any
person deputed by the Chief Immigration Officer for the
purpose.

LAWS OF ANTIGUA AND BARBUDA

Immigration and Passport (CAP. 208 2 3

35. A person detained in custody under this Act but zi;:;t;:n.
not serving a sentence of imprisonment may be so detained
either in the gaol or in any place appointed for the purpose
by the Governor-General, but if detained in the gaol, shall
be treated as a person awaiting trial.

36. (1) It shall be the duty of all police officers zzg::;ie
whenever necessary or at the request of an immigration officer .~fiCers.
to assist the immigration officer in the exercise of his powers
and performance of his duties under this Act.

(2) Where any customs officer or police officer has
reasonable grounds for believing that any person on board'
any vessel which is in the territorial waters of Antigua and
Barbuda outside any port of entry is preparing to land in
Antigua and Barbuda in contravention of the provisions of
this Act, he may board such vessel and exercise the powers
conferred on an immigration officer under section 3 of this
Act.

37. (1) It shall be lawful for Antigua and Barbuda
Passports to be issued to persons who are citizens of Antigua Passports.
and Barbuda.

(2) The design, form and contents of Antigua and
Barbuda passports shall be such as are approved by Cabinet.

38. The Cabinet may make regulations prescribing- :z;;;t:;n~ke
(a ) the powers and duties of immigration officers;

(6) the steps to be taken to prevent the entrance
of prohibited immigrants to Antigua and Barbuda;

(6) the ports of entry and the times, places and
conduct of the inquiry or examination, medical or other-
wise, of persons entering or desiring to enter Antigua
and Barbuda, or who being found in Antigua and
Barbuda are suspected of being prohibited immigrants;

(d) the means to be taken for the identification of
any person believed to be a prohibited immigrant,
including the taking of photographs and finger
impressions;

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 208) Immigration and Passport

(e) lists of contagious or infectious diseases, the
affliction with which will render a person a prohibited
immigrant;

(j) the procedure for and the manner of the
detention of prohibited immigrants pending their
removal from Antigua and Barbuda and the procedure
necessary for and the manner of such removal;

('g) the fees to be paid for the issue and renewal
of passports and for Antigua and Barbuda visas on
passports;

(h) the permits and the certificates which may be
issued under this Act, the conditions upon which any
such permit or certificate shall be issued, the
circumstances under which they may be cancelled and
the fees which may be charged for any such permit or
certificate; and the deposit or security to be made or
given by or in respect of any person granted an entry
permit and the conditions subject to which such deposit
or security may be forfeited;

(2) the forms of warrants, permits, certificates or
other documents to be issued or used or of the
declarations to be made or of the books to be kept for
the purposes of this Act and the particulars to be inserted
in any such document, declaration or book;

generally for the better carrying out of the
objects and purposes of this Act;

(k) penalties for the breach of any regulation made
under this Act;

(6) penalties on persons who aid or abet any
contravention of any regulations made under this Act.

Appeal against 39. ( 1 ) Whenever leave to enter Antigua and
detention or
restriction of Barbuda is withheld by an immigration officer or whenever
prohibited any person is detained, restricted or arrested as a prohibited
immigrant. immigrant notice of that fact and the grounds of refusal,

detention, restriction or arrest shall be given by the officer
to such person in the prescribed form. If such notice is given
within seven days of the arrival of any immigrant, the
immigration officer giving such notice shall also inform, if

LAWS OF ANTIGUA AND BARBUDA

Immigration and Passport (CAP. 208 25

known, the master or owner or local agent of the vessel by
which the immigrant arrived that such notice has been given.

(2) Except as provided in this section, every immigrant
to whom such notice has been given may appeal to the nearest
Magistrate's Court. Notice of the appeal must be given to
the Magistrate's Court and to the Chief Immigration Officer
within seven days of the decision appealed against.

(3) An appeal shall lie from the decision of the
Magistrate's Court to the Court of Appeal.

(4) No court fee shall be charged for the hearing of any
appeal.

(5) Pending the hearing of an appeal to the Magistrate's
Court no warrant shall be issued or enforced for the removal
as a prohibited immigrant of the person so appealing but
should it be held on the hearing of any such appeal that the
immigrant to whom notice has been given under subsec-
tion (1) is a prohibited immigrant and should no appeal to
the Court of Appeal from such decision be noted within
fourteen days of the date of such decision the Magistrate
shall issue a warrant for the removal of the prohibited im-
migrant. In like manner should it be held on appeal to the
Court of Appeal that the appellant is a prohibited immigrant
the Court shall issue a warrant for the removal of the pro-
hibited immigrant.

(6) No appeal shall lie against the decision of the
Governor-General or the Cabinet, as the case may be, in
regard to any of the persons mentioned in paragraph (f) of
section 7 and section 8 unless such appeal be directed to iden-
tity only of the person affected by the decision.

40. (1) Any prohibited immigrant who knowingly Offences.
and wilfully lands or suffers himself to be landed and any
person who knowingly lands or permits to land or procures
to be landed or who aids or assists in landing any prohibited
immigrant contrary to the provisions of this Act shall be guilty
of an offence against this Act.

(2) Any person who-

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 208) Immkration and Passport

Penalty.

(a) lands or wilfully assists any person to land in
Antigua and Barbuda contrary to the provisions of this
Act; or

( 6 ) for the purpose of entering Antigua and
Barbuda, or of remaining therein, in contravention of
this Act, or of assisting any other person so to enter
or so to remain, fabricates or falsifies any permit,
passport, visa, certificate or other document or utters,
uses or attempts to use any permit, passport, visa, cer-
tificate or other document which has not been issued
by lawful authority, or which, though issued by lawful
authority, he is not entitled to use, or any fabricated
or falsified permit, passport, visa, certificate or other
document, knowing it to have been fabricated or
falsified; or

(c) fails to comply with or contravenes the
conditions under which any permit, passport, visa,
certificate or other document has been issued to him
under this Act; or

(d) obstructs, hinders or opposes any immigration
officer or police officer in the execution of his duty under
this Act,

shall be guilty of an offence against this Act.

41. Any person guilty of an offence against this Act
for which no express penalty is provided shall be liable on
summary conviction to a fine not exceeding three thousand
dollars or to imprisonment for a term not exceeding six
months; and in any case in which the offender has
contravened or failed to comply with the provisions of
subsections (I), (2) or (3) of section 14, proceedings may,
notwithstanding anything to the contrary in the Magistrate's
Code of Procedure Act, be brought at any time.
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