Bermuda Immigration and Protection Amendment Act 2013
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BERMUDA

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2013

2013 : 26

TABLE OF CONTENTS

Citation
Amends section 13B
Amends section 13D
Amends section 61
Amends section 82
Transitional and commencement

WHEREAS it is expedient to amend the Bermuda Immigration and Protection Act
1956;

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:

Citation
This Act, which amends the Bermuda Immigration and Protection Act 1956 (the

“principal Act”), may be cited as the Bermuda Immigration and Protection Amendment Act
2013.

Amends section 13B
Section 13B(1) of the principal Act is amended by deleting the words “, one of whom

shall be a barrister and attorney”.

Amends section 13D
Section 13D of the principal Act is amended—

in subsection (1)—

1
2
3
4
5
6

1

2

3

(a)

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2013

by inserting after “25(1)” the words “or of the Minister’s decision
regarding conditions or limitations imposed under section 25(1)”;

in paragraph (b)(i) by deleting the word “or” at its last occurrence;

in paragraph (b)(ii) by deleting the full-stop and substituting the word
“; or”; and

by inserting after subparagraph (ii) the following—

to dispense with, vary or modify the conditions or limitations
as the Tribunal sees fit, where the appeal is in respect of a
decision of the Minister regarding conditions or limitations
imposed under section 25(1).”; and

“(iii)

in subsection (2)—

by deleting the words “or a decision made under section 31D, 34 or 61,”
and substituting “, 31D, 34 or the proviso to section 61(7),”; and

by repealing and replacing paragraph (b) with the following—

where the Tribunal quashes a decision of the Minister restricting
the terms of a permission granted under section 61, direct the
Minister to issue an order under the proviso to section 61(7)
containing such terms as the Tribunal sees fit.”.

“(b)

Amends section 61
Section 61 of the principal Act is amended by inserting the following after

subsection (6)—

For the avoidance of doubt, it is hereby declared that a decision of the
Minister to withhold permission or grant permission subject to any duration,
condition or limitation, is not subject to appeal to the Immigration Appeal
Tribunal.”.

“(6A)

Amends section 82
Section 82 of the principal Act is amended—

in subsection (1) by repealing and replacing paragraph (bb) with the
following—

holds or acquires land in Bermuda, so long as the person is the
spouse of a person who possesses Bermudian status;”; and

“(bb)

by repealing subsection (3).

Transitional and commencement
For the avoidance of doubt, where, immediately before commencement, a

person held or acquired land subject to conditions attached to the Minister’s approval in

(i)

(ii)

(iii)

(iv)

(b)

(i)

(ii)

4

5

(a)

(b)

6 (1)

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2013

accordance with the Code of Practice issued under section 82(3) of the principal Act (which
is repealed by section 5(b) of this Act), those conditions no longer apply after
commencement.

In this section, “commencement” means the day this Act comes into operation.

This Act, other than section 2, comes into operation on the date of the
Governor’s assent.

Section 2 is deemed to have come into operation on 4 March 2013.

[Assent Date: 06 August 2013]

(2)

(3)

(4)

3