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Immigration Restriction (Commonwealth Citizens) Act

Date of entry into force:27 December 1945

This legislation includes amendments up to and including: 1968

4. Prohibited immigrants

The following Commonwealth citizens (not being persons deemed to belong to the Island as defined by subsection (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;

(f)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 standard or habit of life to be undesirable immigrants 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 information or advice, is deemed by the Minister to be an undesirable inhabitant of or visitor to the Island;

(j)any person who is the subject of a deportation order in force under the Deportation (Commonwealth Citizens) Act.

10. Postponement of decision

An immigration officer may -

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

(b)for the purpose of making further enquiry, postpone deciding whether a Commonwealth citizen is a prohibited immigrant for a period not exceeding sixty days.

12. Leave for prohibited immigrant to remain in Island

The Minister, or by his direction, any immigration officer, may grant leave for a Commonwealth citizen who is a prohibited immigrant to enter and remain in the Island 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.

18. Prohibition on entry of prohibited immigrant

Except where otherwise specially provided by this act, no prohibited immigrant shall enter the Island, and 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.

19. Order for immigrant to leave

An immigration officer who decides that a Commonwealth citizen is a prohibited immigrant may in his discretion -

(a)order him to leave the Island and proceed immediately 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. Notice to prohibited immigrant and master of vessel

Whenever leave to enter the Island is withheld by an immigration officer, or whenever any Commonwealth citizen is detained, restricted or arrested as a prohibited immigrant, notice of that fact and the grounds of refusal, detention, restriction or arrest shall be given by the officer to such person in the prescribed form.If such notice is given within seven days of the arrival of 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.

25. Revocation of leave

(1)Leave to land or remain in the Island granted 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. Removal orders

(1)If any Commonwealth citizen is considered by an immigration officer to be a prohibited immigrant, then, 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 entertained in the case of a Commonwealth citizen (not being a person who entered the Island in contravention of subsection (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.

(2)The Minister may by order declare a Commonwealth 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 conducting 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 prohibited immigrant and the Minister may in the order aforesaid 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:

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 aforesaid 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;

(ii)the Minister shall so soon as may be 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 (1) objection has been made by a person to the advisory tribunal, 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 tribunal 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.

(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 completion of the sentence.

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

29. Warrant to convey prohibited immigrant back on vessel

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 board 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 anything done by virtue of such warrant.

Topics: Immigrants, Immigration law,