Millennium Naturalisation Act 2004

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No. 4 of 2004. Millennium Naturalisation Act, 2004. 1 ANTIGUA
AND

aQRBODA

[ L.S. ]
I Assent,

Eustace B. Francis,
Governor-General's Deputy.

28th June 2004.

ANTIGUA AND BARBUDA

No. 4 of 2004

AN ACT to provide for the acquisition of citizenship of Antigua
and Barbuda in commemoration of the new millennium, by per-
sons, who were on and since the fust day of January, 2000 law-
fully resident in Antigua and Barbuda.

[ 1st July, 2004 ]

ENACTED by the Parliament of Antigua and Barbuda as fol- Short title.
lows -

1. This Act may be cited as the Millennium Naturalisation
Act, 2004.

2. (1) In this Act - Interpretation.

"Minister" means the Minister respbnsible for Immigra-
tion and Citizenship;

(2) This Act shall be construed as having been enacted in
pursuance of paragraph (a) of section 1 16(3) of the Constitution
and nothing in this Act shall be construed as prohibiting a per-

ANTIGUA 2 Millennium Naturalisation Act, 2004. No. 4 of 2004.
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son to whom the Act applies from acquiring citizenship of Antigua
Cap. 23 and Barbuda under the Constitution of Antigua and Barbuda
Cap. 22 and the Antigua and Barbuda Citizenship Act.

Acquisition of 3. (1) Notwithstanding any law to the contrary, and subject to
citizenship by subsection (3), any person of full capacity who was lawfully resi-
registration. dent in Antigua and Barbuda on the first day of January, 2000

and, on the date of his application for citizenskp under this Act,
has been continuously lawfully ordinarily resident in Antigua
and Barbuda from that day, may apply ta become a citizen of
Antigua and Barbuda in accordance with regulations made un-
der this Act.

(2) An application under subsection (I j shall be made to the
Minister though the Chief Immigration Officer

in the appropriate form prescribed by regulations made under
this Act.

(3) The Minister may approve an application made under this
section if he is satisfied that the applicant -

(a) possesses the qualifications set out in subsection (1);

(b) is of good character; and

(c) intends, in the event of being granted a certificate of
registration or naturalisation as the case may be, to
be ordinarily resident in Antigua and Barbuda.

(4) The Minister may, upon the applicant paying the fee pre-
scribed by the regulations made under this Act and upon taking
the oath or affirmation of allegiance in the form prescribed by the
regulations, where appropriate, grant to the applicant the appropri-
ate certificate of registration or naturalisation as the case may be.

(5) A person shall for the purposes of this Act be of full
capacity if he is not of unsound mind.

Minister may 4. (1) The Mitlister may, if satisfied that there are reasonable
refuse to grant grounds in the interest of defence, public safety, public morality
c~t~zenship. or public order for so doing, refuse to grant a certificate of regis-

tration or naturalisation'to any person who by virtue of section 3
would otherwise be entitled to become a-citizen of Antigua and
Barbuda, I I ' .

No. 4 of 2004. Millennium Naturalisation Act, 2004. 3 ANTIGUA
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(2) The Minister may, without prejudice to subsection (I),
refuse to grant a certificate of registration or naturalisation to
any person referred to in section 3 if he is satisfied that the
applicant -

(a) has been convicted by a court of competent jurisdic-
tion in any country of a criminal offence for which he
was sentenced to death or has been detained under
a sentence of imprisonment for twelve months or
more imposed on him on his conviction of a criminal
offence by such court, and in either case, has not
received a fiee pardon in respect of the offence; or

(b) has engaged in activities, whether within or outside
Antigua and Barbuda, which, in the opinion of the
Minister, are prejudicial to the safety of Antigua and
Barbuda or to the maintenance of law and public
order in Antigua and Barbuda; or

(c) has been adjudged or otherwise declared bankrupt
under any law in force in any country and has not
been discharged; or

(d) not being the dependent of a citizen of Antigua and
Barbuda, has no sufficient means to maintain him-
self and is likely to become a public charge.

5. (1) Any person who is granted citizenship under th~s Act Renunciation of
and who has attained the age of eighteen years and who - citizenship.

(a) is also a citizen or national of any other country; or

(b) intends to become a citizen or national of any other
CO~try,

shall be entitled to renounce his citizenship ofAntigua and Barbuda
by a declaration made in the Form prescribed by the regulations
made under this Act:

Provided that in the case of a person who is not a citizen or
national of any other country at the date of registration of his
declaration of renunciation, if he does not become such a citizen
or national withm six months from the date of registration he
shall be and shall be deemed to have remained, a citizen of Antigua
and Barbuda notwithstanding the making and registration of his
declaration of renunciation.

ANTIGUA 4
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Deprivation of
citizenship in
cases of registra-
tion.

Deprivation of
citizenship in
case of
naturalisation.

Millennium Naturalisation Act. 2004. No.4 of 2004.

(2) Subject to subsection (3) of this section, where a declara-
tion is made under subsection (I), the Minister shall cause the
declaration to be registered in such manner as may be prescribed
and, upon such registration, the person who made the declara-
tion shall cease to be a citizen of Antigua and Barbuda unless the
proviso to subsection (1) applies.

(3) The Minister may, in his discretion, withhold registration
of any declaration made under subsection (1) of this section if
the declaration is made at any time when Antigua and Barbuda is
at war where the declaration is made by a person who is or who
intends to become a national or citizen -

(a) of any country with which Antigua and Barbuda is
at war, or

(b) of any country as respects which, because Antigua
and Barbuda is at war, it would, in the interests of
national security or public policy, be undesirable or
inexpedient for that person to be or become a citizen
or national thereof.

(4) Where a person who has renounced his citizenship of
Antigua and Barbuda under this section desires to be issued
with a certificate of such renunciation, that person may, on mak-
ing application in writing therefore to the Minister and upon
payment of the prescribed fee be issued by the Minister with a
certificate of such renunciation in the prescribed form.

6. Subject to section 9, the Minister may in his discretion, by
Order deprive of his citizenship any person who is a citizen of
Antigua and Barbuda by virtue of registration if the Minister is
satisfied that such registration as a citizen was obtained by false
representation or fraud or willful concealment of material facts or
if that citizen is convicted in Antigua and Barbuda of an act of
treason or sedition.

7. (1) Subject to section 8, the Minister may, in his discretion,
by Order deprive of his citizenship any citizen of Antigua and
Barbuda who became such by naturalisation if the Minister is
satisfied that the certificate of naturalisation of that citizen was
obtained by false representation or fraud or willful concealment
of material facts or if that citizen has -

No. 4 of 2004. Millennium Naturalisation Act, 2004. 5 ANTIGUA
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(a) at any time after naturalisation -

(i) been convicted of treason or sedition by a com-
petent court in any part of the Commonwealth;
or

(ii) been convicted by a competent court in any
country of a criminal offence on conviction of
which the death penalty or a term of irnprison-
nlent of not less than seven years may be im-
posed,

and in either case has not received a free pardon in respect of the
offence; or

(b) within five years after naturalisation been convicted
by a competent court in any country of a criminal
offence and sentenced to imprisonment for a term of
not less than twelve months and has not received a
free pardon in respect of the offence; or

(c) during any war in which Antigua and Barbuda
was engaged, unlawfully traded or communicated
with the enemy or been engaged in or associated
with any business that was to his knowledge car-
ried on in such a manner as to assist an enemy in
that war; or

(d) engaged in activities, whether within or outside of
Antigua and Barbuda, which, in the opinion of the
Minister, are prejudicial to the safety of Antigua and
Barbuda or to the maintenance of law and public
order in Antigua and Barbuda.

(2) The Minister shall not deprive any person of citizenship
under this section on the ground mentioned in paragraph (b) of
subsection (I), if it appears to him that that person would there-
upon become stateless.

8. (1) The Minister shall not deprive a person of citizenship Grounds for the
under section 6 or 7 unless he is satisfied that it is not conducive deprivation of

to the public good that such person should continue to be a c't'zenship.

citizen of Antigua and Barbuda.

ANTIGUA 6 Millennium Naturalisation Act, 2004. No. 4 of 2004.
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(2) Before making an order under section 6 or 7, the Minister
shall give the person against whom the order is proposed to be
made notice in writing informing him of the ground on which it is
proposed to be made and, if the order is proposed to be made on
any of the grounds specified in section 6 or 7 of this Act, of his
right to appeal against the Minister's decision to the Court of
Appeal and to engage legal representation of his own choice.

Deprivation of 9. (1)Where any citizen of Antigua and Barbuda, who is such
citizenship by naturalisation, was also a citizen of any Commonwealth country
Antlgua and
Barbuda where

but has been deprived of his citizenship of that country on
persons deprived grounds which in the opinion of the Minister are substantially
of citizenship similar to any of the grounds specified under subsection (1) of
elsewhere section 7, the Minister may at his discretion by order deprive him

of his citizenship of Antigua andBarbuda if the Minister is satis-
fied that it is not conducive to the public good that such pers'on
shall continue to be a citizen of Antigua and Barbuda.

(2) Before making an order under this section, the Minister
shall give the person against whom the order is proposed to be
made notice in writing informing him of the ground on whch it is
proposed to be made and of his right to appeal against the deci-
sion of the Minister to the Court of Appeal and to engage legal
representation of his own choice.

Effective date of 10. Subject to section 11, a person who is deprived of his
citizenship of Antigua and Barbuda by an order made under

citizenship. section 6,7 or 9 shall upon the making of the order, cease to be a
citizen of Antigua and Barbuda.

~ l g h t of appeal 11. Any person aggrieved by the decision of the Minister to
deprive him of his citizenship may appeal to the Court of Appeal
within forty-two days of the decision being communicated to
him.

Regulations. 12. (1) The Minister may make regulations generally for giv-
ing effect to this Act and in particular may make regulations -

(a) prescribing anything required by this Act to be pre-
scribed;

(b) for the registration of anything required or autho-
rized under this Act to be registered;

No. 4 of 2004. Millennium Naturalisation Act, 2004. 7 ANTIGUA
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(c) for the administration and taking of oaths of alle-
giance under this Act, for the time within which oaths
of allegiance shall be taken and for the registration
of oaths of allegiance;

(d) fixlng the fees to be paid in respect of -

(I) any appllcatlon made to the Minister under
thls Act; or

(il) any reglstratlon or the maklng of any declara-
tion or the grant of any certificate or the taking
of any oath of allegiance, required or autho-
rized to be made, granted or taken by or under
this Act or by or under Chapter VIII of the
Constitution of Antigua and Barbuda; or

(111) supplying a certified or other copy of any no-
tice, certificate, order, declaration or entry,
given, granted or made as aforesaid,

and providing for the application of any such fees;

(e) for the giving of any notice required or authorized to
be given to any person by or under this Act;

Cfj for the cancellation of the registration of, and the
cancellation and amendment of certificates of
naturalisation relating to, persons deprived of citi-
zenship under this Act and for requiring such certifi-
cates to be delivered up for such purposes;

(2) Regulations made under this section shall, as soon as may
be practicable after they are made, be laid before the House of
Representatives, for negative resolution and if the House re-
solves that any of those regulations shall be annulled, that regu-
lation is void as from the date of the resolution, but without
prejudice to the validity of anything done thereunder or to the
making of a new regulation.

13. (1) Any person who for the purpose of procuring any- offences
thing to be done or not to be done under this Act makes any
statement which he knows to be false in a material particplar or
recklessly makes a statement which is false in a material particu-
lar commits an offence and is liable on summary conviction to a

ANTIGUA 8 Millennium Naturalisation Act, 2004. No.4of 2004.
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fine not exceeding three thousand dollars or to a term of impris-
onment not exceeding three months.

(2) Any person who fails to comply with any requirement
imposed on him by regulations with respect to the delivering up
of certificates of registration or naturalisation commits an of-
fence and is liable on summary conviction to a fine not exceeding
three thousand dollars or to a term of imprisonment not exceed-
ing one month.

Passed the House of Representatives Passed the Senate this 27th
this 1 lth day of June, 2004. day of June, 2004.

D.G. Isaac-Arrindell,
Speaker.

S. Walker,
Clerk to the House of Representatives.

E. Mansoor,
President.

S. Walker,
Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

- By Authority, 2004.
800--7.04 [ Price $3.65 ]

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