Immigration Restriction (Commonwealth Citizens) Act

Link to law: http://www.moj.gov.jm/laws/immigration-restriction-commonwealth-citizens-act
Published: 1945-12-27

IMMIGRATION RESTRICTION 1

THE 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 passprts 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.

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2 IMMlGRATlON RESTRICTION

29. Warrant to convey prohibited immigrant back on vesseL
30. Offences by prohibited immigrants and persons permitting

31. Offences and penahes.
32. Place of detention.
33. Evidence and burden of proof.
34. Recovery of expenses
35. Regulations.
36. Exemptions.

immigrants to land.

S a i m I n E

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lMMIGRATION RESTRICTlOh’ 3

Cap 153.
A m

8 of 1962
S. 16.

52 of 1968,
26 of 1m.

THE IMMIGRATION RESTRICTION
(COMMONWEALTH CITIZENS) ACT.

[27th December, 1945.1

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

Interpret,
Lion. 2 . 4 1) In this Act-

“Chief Immigration Officer” and “immigration officer”
respectively mean the Chief Immigration Officer a i d
any immigration officer appointed by the Governor-
General under the Aliens Act;

(U) 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
recognized 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 other-
wise 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

“dependant” in relation to another person means-

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4 IMMIGRATION RESTRICTION

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 convey-
ance, and references to landing, unless the context other-
wise 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 satis-
faction 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-

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IMMIGRATION RESTRICTlON 5

(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 continu-

ously 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 8/1%2

(e) is a dependant of a person to whom any of the fore-
going paragraphs applies.

(3) For the purposes of this Act a Commonwealth
citizen shall be deemed to belong to a particular place out-
side 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 continu-

ously 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 con-
tinuously for a period of seven years or more; or

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

naturalization; or S 16.

3. For the purpose of performing his duties under this General
Act an immigration officer shall have the powers of a con- immigration .
stable and may board and search any vessel arriving in the Officers.
Island.

powers of

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6 IMMIGRATION RESTRICTION

Prohibited 4.-(1) The following Commonwealth citizens (not being
persons deemed to belong to the Island as defined by sub-
section (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 dependants 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 satisfac-
tion of the Chief Immigration Officer for his per-
manent support in the Island or for his removal
therefrom whenever required by the Chief Immi-
gration 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 pre-
scribed form of declaration for immigrants in his
own handwriting and is likely to become a chargz
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;

cf, the children under the age of sixteen years being
dependants of a prohibited immigrant;

(g) any member of a class of persons deemed by the
Minister on economic grounds or on account of

imrmgrants.

-
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IMMIGRATiON RESTRICTION 7

standard or habit of life to be undesirable immi-
grants 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 informa-
tion or advice, is deemed by the Minister to be an
undesirable inhabitant of or visitor to the Island:

(il 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 (Comrnon-
wealth Citizens) Act.

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

5.41) A Commonwealth citizen entering the Island with- Passports.
out 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. The following Commonwealth citizens or classes of Persons
deemed not

hibite$
immigrants.

Commonwealth citizens shall not be prohibited immigrants to be IO-
for the purposes of this Act-

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8 IMMIGRATION RESTRICTION

(a) persons who belong to the IsIand as defined by sub-
section (2) of section 2;

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

(c) members of Her Majesty’s reguIar 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;

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

Certificateof

re-entry.

7. 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.

identityfor

Restriction 8.41) Subject to such exemptions as may be made by the
andinspec. Minister under section 36, a Commonwealth citizen coming
grants. tion of rmrni. from outside the Island shall not land in the Island except

with the leave of an immigration officer.
(2) An immigration officer or a Health Officer may

inspect any Commonwealth citizen seeking to land in the
Island and any such inspection shall be made as soon as
practicable after his arrival.

(3) For the purpose of such inspection a Common-
wealth citizen may land temporarily and, provided he sub-
mits himself forthwith to such inspection, shall be deemed

on landmg

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IMMIGRATION RESTRICTION 9

not to have landed. Any such person may be detained in
such manner as the Minister may direct and while so detained
shall be deemed to be in legal custody.

(4) Where an immigration officer refuses leave to land
to any Commonwealth citizen under subsection (11, he shall
report the fact of such refusal together with the reasons
therefor to the Minister within twenty-four hours of such
refusal.

(5 ) Every Commonwealth citizen entering the Island
shall truthfully answer all proper questions put to him by the
immigration officer for the purposes of this Act, and shall
also, if required by the immigration officer-

(U ) make and sign the prescribed declaration; and
(b) submit to be examined by a Health Officer.

(6) The master of a vessel arriving at a port in the
Island may detain on board any Commonwealth citizen
until inspected or landed for inspection under this section,
and shall, on the request of an immigration officer, so detain
any Commonwealth citizen arriving in that vessel, whether
seaman or passenger, to whom leave to land has been refused
by the immigration officer, and any Commonwealth citizen
so detained shall be deemed to be in legal custody.

(7) Any person who contravenes or fails or refuses
to comply with any of the provisions of this section when
entering the Island shall be deemed to be a prohibited immi-
grant and may be dealt with as such.

9.-(1) The master of a vessel arriving from any place Information
outside the Island or departing from the Island shall answer k z s h c d
truthfully to the best of his ability all proper questions put by master.
to him by an immigration officer relating to the passengers,
in so far as is necessary for the purposes of this Act, and, if
so required, shall furnish the immigration officer with a list

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10 IMMZGRATlON RESTRICTION

in duplicate signed by himself of the names of all the
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) The master of a vessel arriving from any place
outside the Island or departing from the Island shall furnish
the immigration officer, in such manner as may be pre-
scribed, with particulars of any members of the crew who
are Commonwealth citizens.

(3) Any master of a vessel who fails or refuses to
answer any question, or to furnish any list, information or
particulars, when required so to do under the preceding sub-
sections of this section, or who knowingly and wilfully
supplies any false information in answer to any such ques-
tion or in furnishing any such list, information or parti-
culars, shall be guilty of an offence and be liable, on sum-
mary conviction before a Resident Magistrate, to a fine not
exceeding one hundred dollars.

(4) Any passenger intending to enter the Island who
knowingly and wilfully supplies any fake information in
respect of any list required under this section or in answer
to any 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 guilty of an offence
and be liable, on summary conviction before a Resident
Magistrate, to a fine not exceeding one hundred dollars.

Postpone-

decision.

10. An immigration officer may-
ment of

(a) grant leave for an immigrant to land without pre-
judice to the question whether he is a prohibited
immigrant;

(b) for the purpose of making further enquiry, post-
pone deciding whether a Commonwealth citizen is

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IMMIGRATION RESTRICTION 11

a prohibited immigrant for a period not exceeding
sixty days.

11.-(1) An immigration officer may, with the consent of Leavefor
a Health Ol%cer, grant leave for an immigrant suffering toremalnin
from a communicable disease to remain in the Island for
medical or surgical treatment or for the purpose of transit
through the Island to some other place, subject to such con-
ditions as the Health Officer may deem necessary for the
protection of the community.

(2) If leave is granted to the immigrant to remain in
the Island for the purpose of treatment the immigrant shall,
on the conclusion of his treatment or at such earlier time as
may be specified or communicated to him by the immigration
officer, present himself in person to the immigration officer
for examination.

(3) The grant of leave under this section shall not
prevent a subsequent decision that the immigrant is a pro-
hibited immigrant on another ground.

sick per!onr

Island.

12. The Minister, or by his direction, any immigration ~~~~~f~~
officer, may grant leave for a Commonwealth citizen who is
a prohibited immigrant to enter and remain in the Island ;;,;Fin
subject to such conditions as to duration and place of
residence, occupation, security to be furnished, or any other
matter or thing, whether similar to those enumerated or not,
as the Minister may think expedient.

prohibited
to

13.-( 1) Where a Commonwealth citizen desires to remain vis,torJ.
in the Island for a period not exceeding twelve months an
immigration officer may, without deciding whether that
person is or is not a prohibited immigrant, grant him leave to
enter and remain in the Island subject to such conditions as
to the duration of his stay as may be specified by the immi-
gration officer:

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12 IMMIGRATION RESTRICTION

Provided that an immigration officer shall not grant leave
under this section for a period exceeding twelve months.

(2) The immigration officer may require a Common-
wealth citizen to whom subsection (1) applies, as a condition
of granting him leave, to give the prescribed security.

Intransit
pasrcngers
and crew.

Extension of
leave to re-
main in
Island.

Certificate
that person
is not a
prohibited
immigrant.

Mistaken
decision.

14. Where a Commonwealth citizen arrives in the Island
as a passenger or seaman intending to continue his journey
in the vessel by which he arrives, an immigration officer may,
without deciding whether that person is or is not a prohi-
bited immigrant, grant him leave to land and remain in
the Island for the period of the vessel's stay in port and on
condition that he leaves in that same vessel.

E-( 1) Where a Commonwealth citizen has been granted
leave to remain in the Island under section 10, 11, 12, 13
or 14 for a period of less than twelve months the Chief
Immigration Officer, acting under the directions of the
Minister, may extend such period up to a maximum of
twelve months from the date of entry.

(2) A Commonwealth citizen who fails to comply
with any condition attached to the grant of leave to land or
who is found in the Island at any time after the expiration of
the period limited by any such condition shall be deemed to
be a prohibited immigrant and may be dealt with as such.

16. Where it is decided that a Commonwealth citizen is
not a prohibited immigrant, the immigration officer shall, if
so required, give that person a certificate to that effect.

17. A decision by an immigration officer that a Common-
wealth citizen is not a prohibited immigrant given by mistake
or in ignorance of any material facts or in consequence of
any misrepresentation by the immigrant shall not affect the

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IMhIGRATION RESTRICTlON 13

liability of the immigrant to be dealt with as a prohibited
immigrant.

18. Except where otherwise specially provided by this Prohibiuon
Act, no prohibited immigrant shall enter the Island, and prohibit&
an immigration officer shall cause a prohibited immigrant
entering or found within the Island (having entered after
the commencement of this Act) to be removed therefrom
in the manner hereinafter provided.

on cntry of

19. An immigration officer who decides that a Common- Orderfor
immigrant w wealth citizen is a prohibited immigrant may in his discre- lea,.e.

tion-

(a) order him to leave the Island and proceed imme-
diately in the same vessel in which he arrived or in
a vessel of the same owners or agents;

(b) order him to leave the Island within sixty days of
his entering the Island and, if the immigration
officer thinks fit, by a specified vessel; or

(c) cause him to be arrested and brought before a
Resident Magistrate with a view to an order being
made for his removal.

20. Whenever leave to enter the Island is withheld by an Koticeto
immigration officer, or whenever any Commonwealth citizen immigrant .
is detained, restricted or arrested as a prohibited immigrant. z:,;;;:
cotice 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 the immigrant the
immigration officer giving such notice shall also inform, if
known, the master or local agent or owner of the vessel by
which the immigrant arrived that such notice has been
given.

prohibited

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14 IMMIGRATION RESTRlCTtON

Temporary 21.-(1) Whenever-
leave
pending (a) security is required to be given in respekt of an

immigrant; or sccurity, etc.

(b) an immigration officer postpones deciding whether
a person is a prohibited immigrant; or

(c) a prohibited immigrant is ordered to leave 'the
Island,

the immigration officer may grant leave for the idmigrant
to remain in the Island for so long as the immigration officer
considers necessary.

(2) In lieu of granting leave, or on revocation or
expiration of the leave, the immigration officer may cause
the immigrant to be arrested and brought before a Resident
Magistrate who may either order the leave to be grartted,
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 the Island, as the case may require.

Endorse- 22. Where leave to land or remain in the Island is granted
to any immigrant under section 10, 11, 12, 13, 14 or 21, or menf on passporl of

lenueto!and where an extension of leave is granted under section 15, or remain
in the Island. the fact of such grant or extension, as well as any conditions

attaching to such grant or extension, shall be endorsed on the
immigrant's passport.

Finger 23. A Commonwealth citizen held to be a prohibited
immigrant, or to whom leave to land or remain in the Island
is granted under section 10, 11, 12, 13, 14 or 21, shall, if
so required by the immigration officer, submit to his figger
prints being taken by the immigration officer.

prints.

Condilions

passpor,s
and

24.-(1) A Commonwealth citizen to whom leave to land
or remain in the Island or any certificate under this Act has
been granted shall at all times produce his passport or any

relating to

certificates.
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IMMIGRATION RESTRICTION 15

such certificate to any immigration officer or constable on
demand, or within forty-eight hours after such demand, at
such police station as may be specified by the person making
the demand at the time of such demand, and shall not lend,
transfer or assign it to any other person.

(2) No person shall borrow or make use of a pass-
port belonging to any other person or a certificate granted
transfer or assign it to any other person.

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

25.-(1) Leave to land or remain in the Island granted Revocation
of leave. under this Act may at any time be revoked by the Minister

or by an immigration officer acting on the direction of the
Minister, and may also be revoked when the conditions
attached to such leave so provide.

(2) Where such leave is revoked, the immigrant may
be arrested and brought before a Resident Magistrate to be
dealt with for any infringement of this Act in respect of
which he may be charged :

Provided that the Resident Magistrate may, if the leave
was not revoked by, or by the direction of the Minister,
order the leave to be restored and the immigrant to be
released.

26.41) If any Commonwealth citizen is considered by an Removal
orders. immigration officer to be a prohibited immigrant, then,

-
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I6 IMMIGRATION RESTRICTION

subject to the provisions of this Act and the conditions
attached to any leave granted thereunder, any Resident
Magistrate 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 application, order
the immigrant to be removed from the Island and in the
meantime to be detained in custody :

Provided that no application for such order shall be enter-
tained in the case of a Commonwealth citizen (not being a
person who entered the Island in contravention of sub-
section (1) of section 8) unless the application is made-

(a) if he entered the Island in accordance with leave
granted under section 10, 11, 12, 13 or 14, within
six months of the expiry of the period limited by
any condition attached to the grant of such leave;

(b) in other cases, within six months of his arrival in
the Island.

5211968 (2) The Minister may by order declare a Common-
wealth citizen who is not a citizen of Jamaica to be an
undesirable person where--

(a) he is satisfied that such person is or has been con-
ducting himself so as to be dangerous to the peace,
order and good government of Jamaica; or

(b) on other grounds, he considers it in the public
interest that an order should be made in relation
to such person;

and notwithstanding anything to the contrary in this or
any other enactment such person shall thereupon be a pro-
hibited immigrant and the Minister may in the order afore-
said or, as the case may require, a subsequent order direct
that he be removed from the Island and in the meantime be
detained in custody :

s. 2.

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IMMIGRATION RESTRICTION 17

Provided that where an order has been made pursuant
to paragraph (b) and the Commonwealth citizen declared
an undesirable person has been ordinarily resident in the
Island continuously for a period of five years or more
immediately prior to the making of the order-

(i) such person shall have a right to make
objection to the advisory tribunal established
under section 27 against any direction afore-
said that he be removed from the Island;
but such objection, if any, shall be made in
writing within two weeks of the notification
referred to in paragraph (ii) and shall specify
the grounds of objection and a copy thereof
shall be delivered to the Minister within the
period aforesaid;

( i i ) the Minister shall so soon as may bc
practicable after directing the removal of
such person from the Island notify him in
writing accordingly and inform him as to
the grounds on which the order was made
and of his right to make objection against the
direction to the advisory tribunal; and

(iii) if pursuant to paragraph (i) objection har
been made by a person to the advisory tri-
bunal, the order directing the removal of
such person from the Island shall not be
executed until the Minister has received and
considered the report of the advisory tri-
bunal in the matter.

(3) The question of the validity of any order made
by the Minister under subsection (2) shall not be enquired
into in any court.

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18 IMMIGRATION RESTRICTION

(4) An immigrant who is ordered to be removed
from the Island shall, with the approval of the Minister,
be removed-

(a) to the place whence he came, or to any place to
which he consents to be removed; or

( b ) to a place in some part of the Commonwealth to
which he belongs.

(5) Where an immigrant who is ordered to be
removed is serving a sentence of imprisonment, the Minister
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 com-
pletion of the sentence.

(6) An immigrant ordered to be removed may be
placed on board a suitable vessel by any constable or immi-
gration officer, and may be lawfully detained in custody on
board until the vessel finally leaves the Island.

Establish-

,rib,unal to

2 7 . 4 1 ) For the purposes of subsection (2) of section 26,
there shall be established an advisory tribunal consisting
of-

(a) a person appointed by the Chief Justice from among
the persons entitled to practise or to be admitted
to practise in Jamaica as barristers or solicitors,
who shall be chairman of the tribunal; and

(b) two other persons appointed by the Governor-
General.

(2) In the case of the temporary absence or inability
to act of-

(a) the chairman of the tribunal, the Chief Justice may
appoint another person from among persons quali-
fied as specified in paragraph (U) of subsection (1)
to act as chairman of the tribunal;

ment of

review
certain
removal
orders.

s. 3.
5211968

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IMMIGRATION RESTRICTION 19

(h) any other member of the tribunal, the Governor-
General may appoint another person to act for that
member

(3) The appointment of any person to be a member
of the tribunal shall be for such time and shall be subject to
such conditions as may be determined by the person making
the appointment and a person who ceases to hold office as
a member of the tribunal shall be eligible for reappointment
thereto.

(4) The tribunal shall have power to regulate its own
proceedings.

( 5 ) Every objection made pursuant to the proviso to
subsection (2) of section 26 shall be heard by the tribunal
at the earliest practicable time and any meeting held to con-
sider any such objection shall be presided over by the
chairman.

(6) Upon considering any objection made before it
the advisory tribunal shall make a report thereon to the
Minister; and the Minister shall take every such report into
consideration but shall not be obliged to act in accordance
with any recommendations contained therein.

28.-(1) Any Commonwealth citizen to whom leave to Liabilityof
land in the Island has been refused shall be removed from
the Island by the master of the vessel in which he arrived, !$,grant,
and by that same vessel, or with thc consent of an immigra-
tion 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 the Island.

(2) If an immigrant in respect of whom notice has
been given to the master or local agent or owner of a vessel
as required by section 20 is ordered to be removed from or
to leave the Island within sixty days of his arrival in the

vessel to

.-.
[The includon of this papa is authorized by L.N. 480/1973]

20 IMMIGRATION RESTRICTION

Island, 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 the Island) on
board and afford them a passage to the country to which
the immigrant belongs or from which he embarked for this
Island.

(3) In the event of the immigrant and his depend-
ants being unable to defray the expenses of the passage
required to be provided under subsections (1) and (2), the
master shall nevertheless provide the immigrant (and any of
his dependants whom he may have brought with him into
the Island) with suitable accommodation and maintenance
during the passage, free of charge to the public funds of the
Island : saving nevertheless to the master the right to recover
such expenses from the immigrant and his dependants.

(4) Except as provided in subsections (l), (2) and (3),
the expenses of passage of a prohibited immigrant and his
dependants shall be payable from the public funds of the
lsland in so far as they are not defrayed by the immigrant
and his dependants.

warrant to

hibited
immigrant

\-csseI.

29. The master of any vessel may, on the desertion of any
seaman, or the landing of any stowaway or prohibited
immigrant from his vessel, apply to a Resident Magistrate
for a warrant to arrest and convey back on hoard the vessel
such seaman, stowaway, or prohibited immigrant, and the
Resident Magistrate shall grant such application unless there
are special reasons for not doing so, and such master shall
be held harmless of all pains and penalties at law for any-
thing done by virtue of such warrant.

convey pro-

back on

F h e mcluriun of thh pagc is authorized by L.N. 480/1973]

IMMIGRATION RESTRICTION 21

30.-(1) Any master of a vessel who knowingly suffers offanuusbp
any prohibited immigrant who arrives in such vessel to land ,mmgrmt3
therefrom contrary to the provisions of this Act shall be zd$zM
guilty of an offence.

pro+ited

prohjbitcd
Inlmlglanta
to land. (2) Any person who knowingly lands or procures to

. be landed or who aids or assists in landing any prohibited
immigrant contrary to the provisions of this Act shall be

(3) Any prohibited immigrant who knowingly and
wilfully lands or s d e r s himself to be landed contrary to
the provisions of this Act shalt be guilty of an offence.

(4) Any Commonwealth citizen who contravenes, or
fails or refuses to comply with, any of the provisions of sub-
section (1) or (5) of section 8 shall be guilty of an offence.

(5) Any person guilty of an offence under this section
shall, on summary conviction before a Resident Magistrate,
be liable to a fine not exceeding ten thousand dollars or to ;?,'9=
imprisonment for a period not exceeding three years, or to
both such fine and imprisonment, and, in any case in which
the offender has contravened or failed to comply with the
provisions of subsection (1) of section 8, proceedings may,
notwithstanding anything to the contrary in the Judicature
(Resident Magistrates) Act, be brought at any time.

guilty of all offence.

offca md
penaltia.

31. Any person who-
(a) for the purpose of entering the Island, or of

remaining therein, in contravention of this Act
or any other enactment, or of assisting any other
person so to enter or so to remain, fabricates or
falsifies any passport, certificate or other document,
or utters, uses, or attempts to use, any passport,
certificate or other document which has not been
issued by lawful authority or which though issued

F e inclusinn of this page is anthorizcd by L.N. 17(19891

22 IMMIGRATION RESTRICTION

Z h ,
s.2.

by lawful authority he is not entitled to use, or any
fabricated or falsified passport, certificate or other
document, knowing it to be fabricated or falsified;
or

(b) makes a statement which to his knowledge is
untrue in a declaration required to be made by an
applicant for the issue of a passport or of a certi-
ficate of identity; or

(c) obstructs, hinders or opposes any immigration
officer or constable in the execution of his duty
under this Act; or

(4 without lawful excuse knowingly harbours or con-
ceals any other person who is within the Island
in contravention of the terms of this Act, or who
having entered the Island in pursuance of leave
granted as hereinbefore provided, has wilfully
failed to observe any condition attached to the
grant of such leave; or

(e) fails to comply with or contravenes the conditions
under which leave to land or remain in the Island
has been granted to him or under which any certi-
ficate or other document has been issued to him
under this Act; or

(f, being a prohibited immigrant, lands in the Island
without previously obtaining leave of an immigra-
tion officer as hereinbefore provided,

shall be guilty of an offence and shall be liable, on summary
conviction before a Resident Magistrate, to a fine not
exceeding ten thousand dollars or to imprisonment for a
period not exceeding three years or to both such fine and
imprisonment.

Place of 32.41) A Commonwealth citizen detained in custody
under this Act, but not serving a sentence of irnprisonmenl,
may be detained either in prison w in any place appointed

detention.

.-
F e inclusion of ohis pge is authorized by L.N. 17/1989]

IMMIGRATION RESTRICTION

for the purpose by the Minister, but if detained in prison he
shall be treated as a person awaiting trial.

(2) The Minister may make regulations for the
management, control and discipline of any place appointed
by the Minister under subsection (1) for the detention of
persons, for the diet of persons detained therein, and for
the punishment of persons detained therein for any offences
committed by them against such regulations.

23

Evidence
and burden

33. In any proceedings under this Act-
(U) the burden of proof that the person charged belongs of proof.

to the Island or that he is not likely to become a
charge on public funds shall be upon that person;

(b) a document purporting to be a removal order made
under this Act shall, until the contrary is proved,
be presumed to be such an order; and

(c) any order made under this Act shall be presumed,
until the contrary is proved, to have been validly
made and to have been made on the date upon
which it purports to have been made.

%.-(I) A Resident Magistrate who is satisfied that any Rccoveryof
expenses. expenses have been or will be incurred by the Government

in connection with the maintenance, medical treatment, or
removal of a prohibited immigrant or his dependants may
issue a warrant for the levy of the amount by distress and
sale of any movable property belonging to the immigrant
and order forfeiture of any moneys in his possession.

(2) A warrant issued under subsection (1) may be
executed in the same manner as a warrant for the levy of
the amount of a fine.

(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

IThe inclusion of this page is authorized by L.N. 480119731

24 1MMlGRATION RESTRlCTlON

under this section be a condition precedent to the liability
of a surety.

Regulations. 35 .41) The Minister may make regulations prescribing-
(a) the powers and duties of immigration officers;
( b ) the steps to be taken to prevent the entrance of a

prohibited immigrant into the Island;
(c) the ports of entry and the times, places and con-

duct of the inquiry or examination, medical or
otherwise, of persons entering or desiring to enter
the Island, or who being found in the Island are
suspected of being prohibited immigrants;

(d) the means to be taken for the identification of any
person believed to be a prohibited immigrant. in-
cluding the taking of photographs and finger prints;

(e) lists of communicable diseases, the affliction with
which will render a person a prohibited immi-
grant;

cfl the procedure for and the manner of the detention
of prohibited immigrants pending their removal
from the Island and the procedure necessary for
and the manner of such removal;

(g) the certificates which may be issued under this
Act, the terms of any condition which may be
attached to the grant of leave to land or remain in
the Island, the conditions upon which any such
certificate or condition may be issued or attached,
the circumstances in which they may be cancelled
and the fees which may be charged for any certi-
ficate; and the amount and nature of the security
to be furnished for the due carrying out of any
conditions which may be attached to the grant of
leave to enter and reside in the Island to a prohi-
bited immigrant;

rhe inclusion of this page is authorized by L.N. 480/1973]

IMMIGRA TION RESTRICTION

(h) the forms of warrants, 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;

(i) generally for the better carrying out of the objects and
purposes of this Act.

(2) The Minister inay by regulations require a Common- 26,1988
wealth citizen (not being a citizen of Jamaica) coming from s.3.
outside the Island to be in possession of a visa for the purpose of
entering Jamaica and any regulations made under this subsection
may contain such incidental or supplementary provisions as
appear to the Minister to be expedient for the purposes of the
regulations.

(3) Until varied or revoked by regulations made under 26tigss
this section, the regulations and forms contained in the S.3-
Schedule shall be in force, Schedule

36. The Minister may direct that any Comn~onwealth Exemptions.
citizen or class of Commonwealth citizen shall be exempt,
either unconditionally or subject to such conditions as the
Minister.may impose, from all or any of the provisions of this
Act.

[The inclusion of this page is authorized by L.N. llnOlO I

IMMIGRA TION RESTRICTION

(Section 3 5 ) SCHEDULE

Short title.

Exaniina-
tion of pas-
sengcrs.

Evidence of
identity of
wifc and
child.

Security to
be furnished
and evidence
of tncans.

1. These Regulations may be cited as the Immigration Restriction
(Commonwealth Citizens) Regulations, and shall be read as part of and
subject to the Immigration Restriction (Commonwealth Citizens) Act,
hereinafter referred to as the Act.

2. [Revoked by L.N. 24 of 2007.1

3. [Revoked by L.N. 24 of 2007.1

4. The examination of persons in accordance with section 8 of the
Act shall be conducted by an immigration officer on the vessel by which
such persons arrived, or at any other place convenient for the purpose
as the immigration officer may direct. Every such person before
being permitted to enter or remain in the Island shall, if so required
to do by the immigration officer, complete a declaration in the Form
"C", and the immigration officer may require every such person to
declare thereto before him and shall satisfy himself, where he has
any doubt, that the signatory thereto is sufficiently educated to under-
stand such declaration; or, if such person be unable to fill in such form,
the officer shall question him, through an interpreter if necessary,
and shall himself fill in or cause to be filled in the form of
declaration, and shall thereupon require such person to sign such
declaration.

5. The Immigration officer may require, for the purpose of an application
of a wife or child of an immigrant to enter the Island, a propet.ly authen-
ticated copy of the certificate of the marriage or of the birth, as the case
may be; or, if no copy of such marriage certificate or birth certificate can
be produced, the immigration officer may require evidence to satisb him
that that person is such a wife or child as alleged and of the identity of the
person and that such wife or child is exempted from being considered a
prohibited immigrant.

6.--(I) Whenever security has to be furnished by an immigrant, 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 the immigrant belongs to one of the Common-
wealth countries in the Caribbean or to Guyana or British
Honduras;

[The inclusion of this page is authorized by L.N. llROlO I

IMMIGRATION RESTRICTION

(6) one hundred dollars ifthe immigrant belongs to a country forming
part of the Continent of America, of Europe or of Africa, or to
any of the Islands of the North Atlantic Ocean other than those
specified in sub-paragraph (a);

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

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

(2) A person on a temporary visit to the Island shall, if required to
do so by an immigration officer, produce evidence to the satisfaction
of the immigration officer-

(a) of being in employment elsewhere and intent to return thereto;
or

(b) of possession of a return ticket; or

(c) of the possession of a sum of money sufficient to enable him
to maintain himself during the period of his visit and to
provide for his . return fare, or of its immediate
availability.

(3) The immigration officer may accept as sufficient evidence
that the immigrant is not likely to become a public charge if
(not being a person suffering from infirmity of body 01. mind, or
i l l health) he is satisfied that bona fide employment is awaiting
the immigrant in the Island; the evidence to support such contention
sha l l . show the nature and period of the employment and the
proposed wage, and be supported as to the ability of the pros-
pective employer to carry out his undertaking and include
an undertaking by the employer to repatriate the immigrant if
the engagement is terminated within two years from the time he
landed in the Island.

(4) The security bond required for the purposes hereof may be
given in the Form "D", with such modifications as the circumstances
require.

7.-41) The Health Officer appointed by the Minister for the purpose Medical
shall, when necessary and required, be present at the examination of :.cinr-
persons entering or seeking to enter the Island, and shall indicate to the

[The inclusion of this page is authorized by L.N. IlROlO I

IMMIGRATION RESTRICTION

Certificate of
identity.

Conditions
of leave to
land or re-
main in
Island.

Provisional
restriction.

Re~novaI
order.

immigration officer any person who ought, in the opinion of such
Health Officer, to be medically examined. The immigration officer may
require such Health Officer to make a medical examination of any
such person and of any other person entering or found within the Island
who is required to submit to such medical examination.

(2) The medical examination of any person entering or seeking to
enter or found in the Island shall take place at such place as may be
convenient, and as soon as possible after the arrival of such person, or after
the person is found, and a report as to the result of such examination shall
be rendered to the immigration officer and sl~all accompany that officer's
record of proceedings furnished to the Chief Immigration Officer if any
such person be found to be a prohibited immigrant.

8.--(I) A certificate of identity issued in terms of section 7 of the Act,
to persons who belong to the Island, may be in the Form "E", and subject to
tlie conditions therein set out, or to any modifications required in the
particular circumstances; and every such certificate shall contain such
particulars as may be deemed necessary for the purpose of identification.

(2) No certificate of identity shall be issued unless there be lodged
with the immigration officer satisfactory documentary evidence as to the
identity of the applicant and of his claim that lie belongs to the Island, and of
the particulars required.

9. Unless in any individual case the giving of security is considered
unnecessary by the immigration officer, the immigrant who applies for leave
to land or remain in the Island shall be required to deposit the amount
appropriate to his case or give a security bond for such amount as provided
by regulation 6(I) as a security for the observance by him of the conditions
attached to the grant of the leave. The deposit shall only be refunded upon
the klfillment of such conditions and upon such person leaving the Island
within the period for which the leave was granted, or upon the cancellation of
the conditions by the Minister.

10. The immigration officer, after commencing his examination of any
person who has not satisfied him that he is not a prohibited immigrant, may
provisionally restrict the admission to the Island of such person, or cause his
detention in custody, and may cause such enquiries to be made, or await such
further information as may be necessary, before finally informing any
person in accordance with section 20 of the Act that he is a prohibited
immigrant.

11. Any order which may be issued under the Act for the removal of a
prohibited immigrant fi-om the Island shall be in Form "F".

[The inclusion of this page is authorized by LN. 11R010 1

M G R A T I O N RESTRICTION 29

12.-41) Save as is otherwise provided in the Act, any person detained in Detention.
custody thereunder may be detained at any place at which persons under
arrest awaiting trial are liable to be detained.

(2) Any gaoler or immigration guard shall accept custody of any
person on the order of the immigration officer, or on the order of a Resident
Magistrate issued at the request of the immigration officer but no person shall
be so detained in custody for any longer period than is necessary for the
purpose of any prescribed enquiry or for the completion by the immigration
officer of arrangements for the removal of such person from the Island at the
first reasonable opportunity.

(3) The production of an order of removal shall be sufficient
authority to any gaoler or other officer to deliver the person named therein to
the escort appointed to bring such person to any place for the purpose of
removal in terms of such order.

13. Any person employed by the Government to have custody and control Duties pf
of any person detained as a prohibited immigrant shall carry out such duties
as are assigned to him by an immigration officer. prohibited

immigrant.

14. For the purpose of administering the Act and these Regulations, al l --to
officen appointed hereunder are hereby authorized and empowered to board
any vessel at any time and at all places in the Island

15. Any person who fails to comply with the provisions of these P d e s .
Regulations, with which it is his duty to comply, or who otherwise
contravenes these Regulations, shall be guilty of an offence and shall, on
summary conviction before a Resident Magistrate, be liable to a fine not
exceeding fifty dollars.

FORMS

Form "A" - [Revoked by L.N. 24 of 2007.1

Form 'B" - [Revoked by L.N. 24 of 2007.1

[The inclusion o f this page is authorized by L.N. lIL2OlO ]

L.N.
326'2005.

W G R A TION RESTRICTION

FORM " C (Regulation 4)

lThe inclusion of this page is authorized by L.N. l lL?OlO I

M G R A TZON RESTRICTZON

FORM "C". contd

B CUL DIP E

RR RRV S SI

!The inclusion of this page is authorized by L.N. ll/.ZOlO I

-now ommm nlyp

B CUL DIP E

RR RRV S SI

IAMGRATION RESTRICTION

(Regulation
6 (4))

THE IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT

Security Bond

KNOWN ALL MEN BY THESE PRESENTS that 1, ....................................
.......................................... of ................................................
........................................................

in the Island of Jamaica (hereinafter referred to as the Surety) am
held and firmly bound unto the Accountant-General for the time being
of the said Island in the sum of.. .............................................. dollars
to be paid to the said Accountant-General for which payment well and truly
to be made I hereby bind myself, my heirs, executors and administrators by
these presents.

Dated this.. ........................ day of.. ............................... 19.. ......
WHEREAS ..................................................... ( h e e i a e r referred

to as the Immigrant) who lately arrived in this Island by the vessel
....................................................... is a prohibited immigrant (or as
the case may be) within the meaning of the Immigration Restriction
(Commonwealth Citizens) Act.

AND WHEREAS the said Surety desires to enable the said Immigrant
to land in the Island:

Now THE ABOVE WRITTEN OBLIGATION is conditioned to be void if the
said Surety do on demand pay to the Accountant-General any charges
together with any expenses of repatriation (if any) which within two years
fi-om the date of these presents may be incurred by the Government of the
Island in respect of the said Immigrant.

Signed and delivered by the above-named
in the presence of

Signature of Surety

Signature of Witness:
Address:
Occupation:

[The inclusion of this page is authorized by L.N. llL?OlO )

IMMIGRA TION RESTRICTION

(Regulation
8 (1))

THE IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT

Certificate of Identity

It is certified that .......................................................... holding
passport No.. ................................. issued by.. ..............................
having appeared before ............................................................ for
the purpose of supplying the means of identification which are now
specified herein, and having intimated that helshe is about to absent
himselflherself from the Island of Jamaica for a period of ......................
on a visit to ............................................. this document is issued to
....................................................... and, subject to the conditions
specified hereunder or endorsed hereon and to the verification of the
marks of identification, will be accepted by the examining immigration
officer without further evidence as proof of the identity of the said
............................................................. on hisfher return within a
period of two years.

Date ...................................

Place.. .................... . ........
Immigration Oficer

CONDITIONS UNDER WHICH THE CERTIFICATE IS ISSUED

1 . That, on the return of the person referred to herein to the Island, this
certificate shall be surrendered to the examining immigration officer.

2. That, if the person referred to herein seeks to re-enter the Island after a
period of two years has elapsed from the date hereof, or if helshe seeks to re-
enter the Island after having lost the status of a Commonwealth citizen, the
protection afforded by this certificate shall be deemed to have lapsed, and
helshe shall be required to satisfy the requirements of the Act.

3. This certificate may by held to be invalidated if the person named
herein is shown to the immigration officer to have made a false declaration
in a material particular when applying for a certificate.

F h e inclusion o f this page is authorized by L.N. l l /ZOlO 1

I h M G R A TION RESTRICTION

(Regulation
11)

THE IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT

Order for the Removal of a Prohibited Irnmigranf

TO

WHEREAS.. ........................................................ .has rendered
himselflherself liable to removal from the Island of Jamaica by reason
that in terms of section.. ............................ of the Immigration Restriction
(Commonwealth Citizens) Act, the said ..............................................
is a prohibited immigrant:

You are hereby authorized to cause the said ................................
....................................... to be removed fiom the Island under proper
escort and subject to necessary detention in custody as provided under the
Act.

.............................. Dated at .................................... this day of
................................................. 19 ...........

Resident Magistrate

[The inclusion of this page is authorized by LN. llROlO I

IMMIGRATION RESTRICTION

(Regulation
8 (1))

THE IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT
Certrjkate of Identity

It is certified that.. .......................................................... holding
passport No.. ........................... issued by.. .....................................
having appeared before .......................................................... for
the purpose of supplying the means of identification which are now
specified herein, and having intimated that helshe is about to absent
himselflherself from the Island of Jamaica for a period of .....................
on a visit to ................................................ this document is issued to
......................................................... and, subject to the conditions
specified hereunder or endorsed hereon and to the verification of the
marks of identification, will be accepted by the examining immigration
officer without further evidence as proof of the identity of the said
.............................................................. .on hislher return within a
period of two years.

Date. .................................
Place.. ...............................

Immigration Officer

CONDITIONS UNDER WHICH THE CERTIFICATE IS ISSUED

1. That, on the return of the person referred to herein to the Island, this
certificate shall be surrendered to the examining immigration officer.

2. That, if the person referred to herein seeks to re-enter the Island after a
period of two years has elapsed from the date hereof, or if helshe seeks to re-
enter the Island after having lost the status of a Commonwealth citizen, the
protection afforded by this certificate shall be deemed to have lapsed, and
helshe shall be required to satisfy the requirements of the Act.

3. This certificate may by held to be invalidated if the person named
herein is shown to the immigration officer to have made a false declaration in
a material particular when applying for a certificate.

[The inclusion of this page is authorized by L.N. 11 1/2005]

36

(Regulation
11)

IMMIGRATION RESTRICTION

FORM "F"

THE IMMIGRATION RESTRICTION (COMMONWEALTH CITIZENS) ACT
Order for the Removal of a Prohibited Immigrant

T o

WHEREAS.. ........................................................ has rendered
himself/herself liable to removal from the Island of Jamaica by reason
that in terms of section .......................... of the Immigration Restriction
(Commonwealth Citizens) Act, the said .............................................
is a prohibited immigrant:

You are hereby authorized to cause the said ....................................
..................................... to be removed from the Island under proper
escort and subject to necessary detention in custody as provided under
the Act.

Dated at ..................................... this ........................... day of
.................................................. 19 ..........

Resident Magistrate

[The inclusion of this page is authorized by L.N. 11 1/2005]
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