Deportation Act
2008 Revised Edition
CAP. 24.10
DEPORTATION ACT
Deportation Act
CAP. 24.10
Arrangement of Sections
2008 Revised Edition
Page 3
DEPORTATION ACT
Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Power to make deportation orders ......................................................................... 6
4 Conditions to be fulfilled before order is made ..................................................... 6
5 Service of notice and arrest.................................................................................... 6
6 Powers of Senior Magistrate.................................................................................. 7
7 Detention in custody pending decision .................................................................. 7
8 Form of order ......................................................................................................... 7
9 Execution of order ................................................................................................. 7
10 Expenses ................................................................................................................ 8
11 Persons undergoing sentence ................................................................................. 8
12 Revocation and variation of order.......................................................................... 8
13 Penalties for breach of order .................................................................................. 9
14 Penalty for harbouring ........................................................................................... 9
15 Institution of proceedings ...................................................................................... 9
16 Regulations ............................................................................................................ 9
17 Saving .................................................................................................................. 10
SCHEDULE 11
NOTICE TO SHOW CAUSE BEFORE THE SENIOR MAGISTRATE 11
DEPORTATION ORDER 12
Supporting Documents
ENDNOTES 13
Deportation Act CAP. 24.10 Section 1
2008 Revised Edition
Page 5
DEPORTATION ACT
AN ACT TO REGULATE THE DEPORTATION OF UNDESIRABLE
ALIENS1
Commencement [14th December 1968]
1 Short title
This Act may be cited as the Deportation Act.
2 Interpretation
In this Act, unless the context otherwise requires —
“alien” means a person who is not a citizen of Tuvalu;
"convicted person" means a person who the Minister is satisfied has been
convicted by any court of an offence punishable with imprisonment otherwise
than only in default of payment of a fine;
“court” includes an Island Court;
“deportation order” means an order requiring the person in respect of whom
it is made to leave and remain out of Tuvalu;
“destitute person” means a person who is, or is likely to be, a charge upon
public funds by reason of mental or bodily health or insufficiency of means to
support himself and his dependants (if any);
“person charged” means a person in respect of whom it is alleged that there
are grounds for making a deportation order under this Act and also means a
person in respect of whom such an order has been made;
“ship” includes aircraft, “port” includes an airport and the expression
“master of a ship” includes the commander of an aircraft, or if there is no
commander, the pilot thereof;
Section 3 CAP. 24.10 Deportation Act
2008 Revised Edition Page 6
“undesirable person” means a person who is or has been conducting himself
so as to be dangerous to peace, good order, good government, or public
morals.
3 Power to make deportation orders
(1) Subject to the provisions of this Act the Minister may make a deportation
order in respect of an alien who is —
(a) a convicted person in respect of whom any court has recommended that
a deportation order should be made in his case, either in addition to or
in lieu of sentence; or
(b) an undesirable person; or
(c) a destitute person.
(2) Where any case in which a court has made a recommendation for deportation
is brought by way of appeal before any higher court, and that court certifies to
the Minister that it does not concur in the recommendation, such
recommendation shall be of no effect but without prejudice to the power of
the Minister to make an order of deportation under paragraph (b) or (c) of
subsection (1)
4 Conditions to be fulfilled before order is made
Except where a court has recommended that a deportation order should be made, no
deportation order shall be made under this Act except where the Senior Magistrate
has, in accordance with the provisions of sections 5 and 6, made a report on the case
and the Minister is satisfied, having regard to the findings of fact and any
conclusions of law as stated in such report, that such order may properly be made.
5 Service of notice and arrest
(1) A notice in Form 1 in the Schedule shall be served upon the person charged
specifying, with sufficient particulars to give him reasonable information as to
the nature of the facts alleged against him the grounds upon which it is
alleged that a deportation order may be made against him under this Act and
requiring him to show cause before the Senior Magistrate, at a time and place
to be stated in such notice, why such a deportation order should not be made
in respect of him.
(2) In any case where it is intended to take proceedings against any person under
this Act on the ground that he is an undesirable person, and it is represented
on oath or affidavit to the Senior Magistrate that such person is an undesirable
person, the Senior Magistrate may issue a warrant for his arrest, and if the
notice referred to in subsection (1) has not already been served upon him it
shall be served upon him not later than 24 hours after his apprehension.
Deportation Act CAP. 24.10 Section 6
2008 Revised Edition
Page 7
6 Powers of Senior Magistrate
(1) At the time appointed in the notice served under the foregoing section, or at
any adjournment of the hearing, the Senior Magistrate shall take such
evidence upon oath as is tendered in support of the charges, and the witnesses
may be cross-examined by the person charged or his counsel and the person
charged may on his own behalf call such witnesses and tender such other
evidence as may be relevant upon the questions at issue.
(2) The Senior Magistrate, after considering the evidence adduced before him and
making any further investigations which he may consider to be desirable,
shall make a report to the Minister setting out his findings of fact and his
conclusion on any questions of law involved, and, if he thinks fit, making a
recommendation as to whether or not a deportation order should be made
under this Act.
(3) Notwithstanding anything to the contrary in any other law, if the Attorney-
General shall certify to the Senior Magistrate holding an inquiry under the
provisions of this Act that it is, in his opinion, desirable in the public interest
that such inquiry, or such part of such inquiry as the Attorney-General may
specify, should be held in camera, the Senior Magistrate may direct that the
public generally, or any particular person or class of persons, shall not have
access to, or be or remain in, any room, building or place in which such
inquiry is held during such inquiry or part thereof as the case may be.
(4) A recommendation of the Senior Magistrate made under subsection (2) shall
not be subject to appeal.
7 Detention in custody pending decision
Where the Senior Magistrate or a court recommends the deportation order on the
grounds that a person is an undesirable person or a convicted person, the person
charged may, if the Senior Magistrate or court, as the case may be, shall so order, be
detained in such manner as the Senior Magistrate or court may direct, pending the
decision of the Minister, for a period not exceeding 28 days and shall be deemed to
be in legal custody whilst so detained.
8 Form of order
Every deportation order shall be in Form 2 in the Schedule.
9 Execution of order
(1) As soon as practicable after a deportation order is made a copy thereof shall
be served upon the person charged together with a summary of the findings of
fact and conclusions of law as stated in the report made under section 6(2).
Section 10 CAP. 24.10 Deportation Act
2008 Revised Edition Page 8
(2) Subject to subsection (3) a person in respect of whom a deportation order is in
force may be detained in such manner as may be directed by the Minister, and
may be placed on a ship about to leave Tuvalu and shall be deemed to be in
legal custody while so detained and until the ship finally leaves Tuvalu.
(3) No person shall be detained under subsection (2) for a period exceeding 28
days and if at the expiration of such period he has not been deported as
aforesaid, the deportation order shall cease to have effect.
(4) The master of a ship about to call at any port outside Tuvalu shall, if so
required by the Minister or by an immigration officer, receive a person against
whom a deportation order has been made and his dependants (if any) on board
the ship and afford him and them a passage to that port and proper
accommodation and maintenance during the passage.
(5) If any master of a ship fails to comply with the provisions of subsection (4) he
shall be guilty of an offence and liable to a fine of $400, and the owner of the
ship and any agent of such owner in Tuvalu shall be guilty of a similar
offence and liable to a similar penalty.
10 Expenses
(1) Where a deportation order is made, the Minister may, if he thinks fit, apply
any money or property of the person to whom such order applies in payment
of the whole or any part of the expenses of or incidental to the passage from
Tuvalu and the maintenance until the departure of that person and his
dependants (if any).
(2) Except so far as they are defrayed under the preceding subsection any such
expenses shall be payable out of public funds.
11 Persons undergoing sentence
If a person in respect of whom a deportation order is made under this Act has been
sentenced to any term of imprisonment, such sentence shall be served before the
order is carried into effect unless the Minister otherwise directs.
12 Revocation and variation of order
(1) The Minister may —
(a) at any time revoke a deportation order; or
(b) vary a deportation order so as to permit the person mentioned therein to
enter or remain for a specified time in Tuvalu and may attach to such
permission conditions as to security or otherwise.
Deportation Act CAP. 24.10 Section 13
2008 Revised Edition
Page 9
(2) Any order made under paragraph (b) of subsection (1) may be expressed to
have effect for the duration of the order thereby varied or for any lesser
period.
(3) As soon as practicable after an order has been made under this section a copy
thereof shall be served upon or sent to the person in respect of whom it is
made.
13 Penalties for breach of order
(1) If a person in respect of whom a deportation order is in force —
(a) fails to leave Tuvalu or returns or attempts to return to Tuvalu in
contravention of the provisions of the order; or
(b) having entered or remained in Tuvalu in pursuance of permission given
as hereinbefore provided, wilfully fails to observe any conditions
attached to such permission,
he shall be liable to a fine of $2000 and to imprisonment for 3 years and to be
again deported under the original order, and the provisions of sections 9, 10
and 11 shall apply accordingly.
14 Penalty for harbouring
Any person who, without lawful excuse, knowingly harbours or conceals any person
who —
(a) is within Tuvalu or an area thereof in contravention of the terms of a
deportation order; or
(b) having entered Tuvalu or any area thereof in pursuance of permission
given as hereinbefore provided, has wilfully failed to observe any
conditions attached to such permission,
shall be liable to a fine of $200.
15 Institution of proceedings
No proceedings shall be instituted under this Act except by the Attorney-General or
with his previous sanction in writing.
16 Regulations
The Minister may make regulations for the better carrying out of the provisions of
this Act,
Section 17 CAP. 24.10 Deportation Act
2008 Revised Edition Page 10
17 Saving
The provisions of this Act shall be additional to and not in derogation of the
provisions of the Immigration Act2 and the Passports Act.3
Deportation Act CAP. 24.10 SCHEDULE
2008 Revised Edition
Page 11
SCHEDULE
FORM 1
[S. 5(1)]
NOTICE TO SHOW CAUSE BEFORE THE SENIOR MAGISTRATE
DEPORTATION ACT
(CAP. 24.10)
To ......................................................................................................................................
Whereas it is alleged against you that you are not a citizen of Tuvalu and that a deportation
order ought to be made against you by reason of the following facts, that is to say that you
..................................................................... .................................................................... .
............................................................................................................................................
and on the following grounds that you are *(an undesirable person or a destitute person)
You are hereby required to show cause before His Worship the Senior Magistrate at the
Senior Magistrate's Court at .........................................at .................................................
.................... o’clock in the .........................................noon, or at such later time as he may
appoint, why such a deportation order should not be made against you.
Dated this ........................day of ........................................................20........................
Minister.
* Delete words in brackets which are inapplicable.
SCHEDULE CAP. 24.10 Deportation Act
2008 Revised Edition Page 12
FORM 2
[S.8]
DEPORTATION ORDER
DEPORTATION ACT
(Cap. 24.10)
Whereas it appears to the Minister that ............................................................should be
required to leave and remain out of Tuvalu under the provisions of the above —
named Act for *(the period of ..............................years or for an unlimited period) from the
date hereof upon the grounds hereinafter appearing.
The Minister does hereby by virtue of the said Act order the abovenamed person to leave
and remain out of Tuvalu for the said period from the said date, and does further order that
the period of ................................days from the date of the discharge of the said person
from prison, or from the date of service upon him of this order, whichever be the later, be
fixed as the time within which the said person shall depart from Tuvalu —
Statement of the grounds upon which this order is made —
That the said person, not being a citizen of Tuvalu, is —
*(a convicted person in respect of whom a court has recommended that a deportation order
should be made in this case, either in addition to or in lieu of sentence
or
an undesirable person
or
a destitute person).
Minister.
* Delete words in brackets which are inapplicable.
Deportation Act CAP. 24.10 ENDNOTES
2008 Revised Edition
Page 13
ENDNOTES
1 1990 Revised Edition, Cap. 78 – Acts 9 of 1968, 6 of 1979
2 Cap. 24.15
3 Cap. 24.20
