IMMIGRATION AND ASYLUM ACT 1999 (JERSEY) ORDER 2003 JERSEY REVISED EDITION OF THE LAWS 21.770 APPENDIX
Jersey Order in Council 23/2003 Order 2003 3 Immigration and Asylum Act 1999 (Jersey) IMMIGRATION AND ASYLUM ACT 1999 (JERSEY) ORDER 2003 Sanctioned by Order of Her Majesty in Council 8 May 2003 Registered by the Royal Court 30 May 2003 In force date 5th June 2003 HER MAJESTY, in exercise of the powers conferred upon Her by section 36 of the Immigration Act 1971 and section 170(7) of the Immigration and Asylum Act 1999, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows 1 (1) This Order may be cited as the Immigration and Asylum Act 1999 (Jersey) Order 2003 and shall come into force on 5th June 2003. (2) In this Order the 1971 Act means the Immigration Act 1971; and Jersey means the Bailiwick of Jersey. (3) For the purposes of construing provisions of the 1971 Act as part of the law of Jersey, any reference to an enactment which extends to Jersey shall be construed as a reference to that enactment as it has effect in Jersey. 2 The provisions of the Immigration and Asylum Act 1999 which are specified in the left-hand column of the Schedule to this Order shall extend to Jersey subject Jersey Revised Edition Appendix Page - 3
Jersey Order in Council 23/2003 Order 2003 4 Immigration and Asylum Act 1999 (Jersey) to any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, being such modifications as appear to Her Majesty to be appropriate. 3 The Immigration (Jersey) Order 1993 1 shall be varied as follows at the end of article 4(1), insert and section 20(2) of the Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. ; for the modification of Committee made by paragraph 18(i) of Schedule 1 to that Order, substitute Committee means the Home Affairs Committee of the States. A.K. GALLOWAY Clerk of the Privy Council. Page - 4 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE SCHEDULE (Article 2) EXTENSION AND MODIFICATION OF PROVISIONS OF THE IMMIGRATION AND ASYLUM ACT 1999 TO JERSEY Provisions extended Section 1 (leave to enter) (inserting section 3A into the 1971 Act) Modifications In the inserted section 3A, at each place where United Kingdom appears, substitute Bailiwick of Jersey ; in subsection (1), for Secretary of State may by order make further provision substitute Lieutenant Governor may give directions ; (c) in subsection (2), for an order substitute directions ; (d) in subsection (3) for Secretary of State may by order provide substitute Lieutenant Governor may give directions ; (e) in subsection (4), for An order substitute Directions and for Secretary of State substitute Lieutenant Governor ; (f) in subsection (6), for an order made substitute directions given ; (g) in subsection (7), for Secretary of State substitute Lieutenant Governor and for an order made substitute directions given ; (h) in subsection (8), for An order substitute Directions, for the order (both places) substitute the directions and for Secretary of State (both places) substitute Lieutenant Governor ; (i) in subsection (10), for An order substitute Directions and for Secretary of State substitute Lieutenant Governor ; Jersey Revised Edition Appendix Page - 5
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications (j) in subsection (11), for order made substitute directions given ; (k) omit subsections (12) and (13). Section 2 (leave to remain) (inserting section 3B into the 1971 Act) In the inserted section 3B, in subsection (1), for Secretary of State may by order make further provision substitute Lieutenant Governor may give directions and for United Kingdom substitute Bailiwick of Jersey ; in subsection (2) for An order substitute Directions and for United Kingdom substitute Bailiwick of Jersey ; (c) in subsection (3), for An order substitute Directions and for Secretary of State substitute Lieutenant Governor ; (d) in subsection (4), for order made substitute directions given ; (e) omit subsections (5) and (6). Section 5 (charges) In subsection (1), for the words from Secretary of State to prescribing substitute Committee may by order prescribe and in subsection (1) and, for United Kingdom (both places) substitute Bailiwick of Jersey. In subsection (2), omit the words by the Secretary of State and for regulations substitute order. In subsection (3), for regulations substitute order. In subsection (4), for the words from the Secretary of State to the end, substitute that part of the application must be entertained. In subsection (5), for United Kingdom substitute Bailiwick of Jersey. In subsection (6), for the words from subsection (1) to Part VI substitute Page - 6 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications subsection (15) of section 141. Section 6 (members of missions other than diplomatic agents) For section 6, substitute the following:- 6. In the 1971 Act, in section 8 (exceptions for certain categories of person) in subsection (3), for the words Diplomatic Privileges Act 1964 substitute Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998 2 and omit the words by that Act ; for subsection (3A) (Members of Diplomatic Missions), substitute:- (3A) For the purposes of subsection (3) a member of a mission other than a diplomatic agent (as defined by the 1998 Law) is not to count as a member of a mission unless he was resident outside the Bailiwick of Jersey, and was not in the Bailiwick of Jersey, when he was offered a post as such a member; and he has not ceased to be such a member after having taken up the post.. Section 7 (persons ceasing to be exempt) (inserting section 8A into the 1971 Act) Section 8 (persons excluded from the United Kingdom under international obligations) (inserting section 8B into the 1971 Act) In the inserted sections 8A(2) and (3), for United Kingdom (in each place) substitute Bailiwick of Jersey. In the inserted section 8B, in subsections (1) and (2), for United Kingdom (each place) substitute Bailiwick of Jersey ; in subsection (5), for Secretary of State substitute Committee ; and (c) omit subsections (7) and (8). Section 10 (removal of certain persons unlawfully in the United Kingdom) At each place where United Kingdom appears, substitute Bailiwick of Jersey. Jersey Revised Edition Appendix Page - 7
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications Omit subsection (2). In subsections (3) and (4) (both places), for Secretary of State substitute Lieutenant Governor. In subsection (7), for 21 and 22 to 24, substitute and 21. In subsection (9), for Secretary of State substitute Committee. Section 13 (proof of identity of persons to be removed or deported) In subsection (1), for United Kingdom substitute Bailiwick of Jersey. In subsections (2) and (3), for Secretary of State (both places) substitute Lieutenant Governor. Omit subsection (4). Section 14 (escorts for persons removed from the United Kingdom under directions) At each place where United Kingdom appears, substitute Bailiwick of Jersey. In subsection (2), for Secretary of State may by regulations substitute Committee may by order. In subsection (3), for The regulations substitute Such order. In subsection (3)(c), for Secretary of State, substitute Committee. Section 15 (protection of claimants from removal or deportation) In subsection (1), for Secretary of State substitute Lieutenant Governor and for United Kingdom substitute Bailiwick of Jersey. Omit subsection (4). Section 18 (passenger information) (inserting paragraph 27B into Schedule 2 to the 1971 Act) In the inserted paragraph 27B, at each place where United Kingdom appears, substitute Bailiwick of Jersey ; in sub-paragraph (8), for Secretary of State substitute Lieutenant Governor ; (c) in sub-paragraph (9), after specified Page - 8 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications insert by the Lieutenant Governor ; (d) omit sub-paragraphs (10) and (11). Section 19 (notification of non- EEA arrivals) (inserting paragraph 27C into Schedule 2 to the 1971 Act) Section 25 (immigration control: facilities and charges) At each place where United Kingdom appears in the inserted paragraph 27C, substitute Bailiwick of Jersey. At each place where Secretary of State appears, substitute Committee. Omit subsections (2), (3), (4) and (5). Section 26 (charges: immigration control) Section 28 (deportation) (inserting section 24A into the 1971 Act) In subsection (1) for Secretary of State substitute Committee and for he substitute it. In the inserted section 24A, at each place where United Kingdom appears, substitute Bailiwick of Jersey ; for subsection (3) substitute (3) A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding two years or to a fine, or to both. ; (c) omit subsection (4). Section 29 (facilitation of entry) (amending section 25 of the 1971 Act) Section 30 (false statements etc.) (amending section 26 of the 1971 Act) Section 31 (defences based on Article 31(1) of the Refugee Convention) In the inserted section 25(1D), after obligations insert in respect of the Bailiwick of Jersey and for United Kingdom at the second place where those words appear, substitute Bailiwick of Jersey. In subsection (3), omit the inserted section 26(3)(c) and in the inserted section 26(3)(d), omit the words (apart from Part VI). At each place where United Kingdom appears, substitute Bailiwick of Jersey. For subsections (3) and (4) substitute (3) The offences to which this section Jersey Revised Edition Appendix Page - 9
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications applies are those of fraud, of uttering a forged document, (c) under section 24A of the 1971 Act (deception), or (d) under section 26(1)(d) of the 1971 Act (falsification of documents), and any attempt to commit any of those offences.. In subsection (7), for Secretary of State substitute Lieutenant Governor. Omit subsections (8) and (9). For subsections (10) and (11), substitute (10) The States may by Regulations amend subsection (3) by adding offences to those for the time being listed there.. Section 32 (penalty for carrying clandestine entrants) At each place where United Kingdom appears, substitute Bailiwick of Jersey. In subsection (3), for Secretary of State substitute Committee. Section 33 (code of practice) At each place where Secretary of State appears, substitute Committee. For subsection (2) substitute (2) Before issuing the code, the Committee must consult such persons as it considers appropriate.. Omit subsections (3) and (4). In subsection (6), for Subsections (2) and (4) also apply substitute Subsection (2) also applies. Section 34 (defences to claim that penalty is due under section 32) In subsection (4), for Secretary of State substitute Committee. Page - 10 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications Section 35 (procedure) At each place where Secretary of State appears, substitute Committee. In subsection (9), for regulations substitute order. In subsection (10), for him substitute it. Section 36 (power to detain vehicles etc. in connection with penalties under section 32) Section 37 (effect of detention) At each place where Secretary of State appears, substitute Committee. At each place where court appears, substitute Royal Court. In subsections (4) and (5), for Secretary of State substitute Committee. Section 38 (assisting illegal entry and harbouring) (amending section 25 and inserting section 25A into the 1971 Act) In the inserted section 25A at each place where constable appears, substitute police officer ; omit subsection (5); (c) for subsection (6) substitute (6) Court means if the arrested person has not been charged, the Magistrate s Court; if he has been charged, but proceedings for the offence have not begun to be heard, the Magistrate s Court; (c) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.. Section 40 (charges in respect of passengers without proper documents) At each place where United Kingdom appears, substitute Bailiwick of Jersey. In subsection (1), for road passenger vehicle or train substitute or road passenger vehicle. Jersey Revised Edition Appendix Page - 11
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications In subsection (2), for Secretary of State substitute Committee, and omit or the train operator. In subsection (3), for Secretary of State substitute Committee. In subsection (4), omit or train operator and in subsection (4) omit or train. In subsection (5), omit by a train operator, or. In subsections (7) and (8), for Secretary of State substitute Committee (both places). Omit subsections (9), (10) and (12). Section 42 (power to detain vehicles etc. in connection with charges under section 40) At each place where court appears, substitute Royal Court. In subsection (1), for sea, air or land substitute sea or air. In subsections (4), (6) and (7), for Secretary of State (each place), substitute Committee. Section 43 (Interpretation of Part II) Section 128 (arrest without warrant) (inserting section 28A into the 1971 Act) Omit the entries relating to court, rail freight wagon, train and train operator. In the inserted section 28A, in subsection (1), for constable substitute police officer ; in subsections (3), (4) and (5), after immigration officer insert or police officer ; (c) in subsection (7), omit (or, in Scotland, a copy complaint) ; (d) omit subsection (11). Section 129 (search and arrest by warrant) (inserting section 28B into the 1971 Act) In the inserted section 28B, in subsection (1), for a justice of the peace substitute the Bailiff ; in subsection (2), for justice substitute Page - 12 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications Bailiff and for constable substitute police officer ; (c) omit subsections (3) and (4). Section 130 (search and arrest without warrant) (inserting section 28C into the 1971 Act) Section 131 (entry and search of premises) (inserting section 28D into the 1971 Act) In the inserted subsections (1) and (4), after immigration officer (both places), insert or police officer. In the inserted section 28D(1), for immigration officer, a justice of the peace substitute immigration officer or a police officer, the Bailiff ; in paragraph (d), omit the words excluded material or special procedure material, ; and (c) for immigration officer to enter substitute immigration officer or a police officer to enter. Omit the inserted subsections (5), (6) and (7). Section 132 (entry and search of premises following arrest) (inserting section 28E and paragraph 25A of Schedule 2 into the 1971 Act) In subsection (2), in the inserted paragraph 25A of Schedule 2 to the 1971 Act, in paragraph 25A(1), for constable substitute police officer, and in paragraph 25A(9), for United Kingdom substitute Bailiwick of Jersey Section 133 (entry and search of premises following arrest under section 25(1) of the 1971 Act) (inserting section 28F into the 1971 Act) Section 134 (searching arrested persons) (inserting into the 1971 Act section 28G and paragraph 25B of Schedule 2) Section 135 (searching persons in police custody) (inserting section 28H and paragraph 25C of Schedule 2 into the 1971 Act) In subsection (2), in the inserted paragraph 25B(3)(ii) of Schedule 2 to the 1971 Act, for United Kingdom substitute Bailiwick of Jersey. In subsection (1), for the inserted section 28H(10) substitute (10) Custody officer means the officer in charge of a police station. ; Jersey Revised Edition Appendix Page - 13
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications for the inserted section 28H(11) substitute (11) Intimate search means a search which consists of the physical examination of a person s body orifices other than the mouth. ; (c) for the inserted sections 28H(12) and (13) substitute (12) A person is in police detention if he has been taken to a police station after being arrested for an offence or after being arrested under Article 13 of the Prevention of Terrorism (Jersey) Law 1996, 3 or under paragraph 6 of the Fifth Schedule to that Law 4 by an examining officer who is a police officer; or he is arrested at a police station after attending voluntarily at the station or accompanying a police officer to it, and is detained there or is detained elsewhere in the charge of a police officer, but is not in police detention if he is in court after being charged.. In subsection (2), in the inserted paragraph 25C(2)(ii), for United Kingdom substitute Bailiwick of Jersey. Section 136 (access and copying) (inserting section 28I and paragraph 25D of Schedule 2 into the 1971 Act) Section 137 (search warrants: safeguards) (inserting section 28J into the 1971 Act) In sections 28I(2) and (4)(ii), for constable (both places), substitute police officer. In the inserted section 28J, for subsections (3) and (4) substitute (3) An application for a warrant is to be made ex parte and supported by an information in writing, ; and Page - 14 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications in the inserted 28J(5), for justice of the peace or sheriff substitute Bailiff when. Section 138 (execution of warrants) (inserting section 28K into the 1971 Act) In the inserted section 28K, in subsection (9), for the words after returned to the end, substitute to the Bailiff s Secretary ; in subsection (10), for subsection (9) substitute subsection (9), and for justices chief executive substitute Bailiff s Secretary ; and (c) omit subsections (11) and (12). Section 139 (interpretation) (inserting into the 1971 Act section 28L and paragraph 25E of Schedule 2) For the inserted section 28L, substitute 28L.-(1) In this Part, premises includes any place and, in particular, includes any vehicle, vessel, aircraft or hovercraft; and any tent or moveable structure. (2) In this Part, subject to subsection (3) below, items subject to legal privilege means communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client; communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and (c) items enclosed with or referred to in such communications and made (i) in connection with the giving of legal advice; or Jersey Revised Edition Appendix Page - 15
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications (ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, when they are in the possession of a person who is entitled to possession of them. (3) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.. Section 140 (detention of persons liable to examination or removal) Section 141 (fingerprinting) In subsection (2), at each place where constable appears, substitute police officer. In subsection (4), for Secretary of State substitute Committee. In subsection (5), for constable substitute police officer, for Secretary of State substitute Committee and omit subsection (5)(e). Omit subsection (6). In subsection (7), at each place where United Kingdom appears, substitute Bailiwick of Jersey, and at each place where Secretary of State appears, substitute Lieutenant Governor. In subsection (9), for United Kingdom (both places), substitute Bailiwick of Jersey. In subsection (12), In paragraph, for constable substitute police officer, and for chief constable of his police force substitute the Chief Officer of the States of Jersey Police Force ; in paragraph (d), for Secretary of State (both places), substitute Committee. In subsection (14), for United Kingdom (both places), substitute Bailiwick of Jersey. For subsection (15), substitute Page - 16 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications (15) Claim for asylum means a claim that it would be contrary to the United Kingdom s obligations in respect of the Bailiwick of Jersey under the Refugee Convention or under Article 3 of the Human Rights Convention for the claimant to be removed from, or required to leave, the Bailiwick of Jersey.. Section 142 (attendance for fingerprinting) In subsection (1), for Secretary of State substitute Lieutenant Governor. In subsection (3), for constable substitute police officer. Section 143 (destruction of fingerprints) At each place where United Kingdom appears, substitute Bailiwick of Jersey. In subsections (5), (11) and (12), for Secretary of State (each place), substitute Lieutenant Governor. In subsection (15), for Secretary of State may specify by order substitute Lieutenant Governor may specify. Section 144 (other methods of collecting data about physical characteristics) Section 146 (use of force) Section 166 (regulations and orders) For Secretary of State may make regulations substitute Lieutenant Governor may give directions. In subsection (2), for regulations substitute directions. Omit subsections (1) and (2). In subsection (3), for the words statutory instrument made as a result of subsection (1) substitute order made under this Act. Section 167 (interpretation) In subsection (1), For subsections (4), (5) and (6) substitute (4) The Subordinate Legislation (Jersey) Law 1960, as amended, 5 shall apply to orders made by the Committee under this Act as though this Act were an enactment within the meaning of that Law.. Jersey Revised Edition Appendix Page - 17
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications at the end of the entry relating to the 1971 Act, insert as extended to the Bailiwick of Jersey by the Immigration (Jersey) Order 1993, 6 the Asylum and Immigration Act 1996 (Jersey) Order 1998 7 and the Immigration and Asylum Act 1999 (Jersey) Order 2003 8 ; omit the entries relating to adjudicator, Chief Adjudicator, the Commission and voluntary organisations ; (c) for the entry relating to claim for asylum, substitute claim for asylum (except in section 5 and section 141) means a claim that it would be contrary to the United Kingdom s obligations in respect of the Bailiwick of Jersey under the Refugee Convention for the claimant to be removed from, or required to leave, the Bailiwick of Jersey; ; (d) in the entry relating to the Human Rights Convention for United Kingdom substitute Bailiwick of Jersey ; (e) in the entry relating to the Immigration Acts, omit paragraph (c); (f) for the definition of prescribed substitute prescribed means prescribed by order made by the Committee; ; (g) insert at the appropriate place in alphabetical order the following entries Attorney General means Her Majesty s Attorney General for Jersey; ; and Committee means the Home Affairs Committee of the States of Jersey;. In subsection (2), omit the reference to immigration rules. Section 169 (minor, consequential amendments etc.) Page - 18 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications Section 170 (short title, etc.) For subsections (2) to (7), substitute (2) This Act shall come into force on 5th June 2003. Schedule 1 (Sale of Transporters) In paragraph 1, for court (both places), substitute Royal Court. For the references to Secretary of State in paragraphs 1(2)(c), 2, 3, 4 and 5(2)(c) (each place), substitute Committee. In paragraph 5(1) omit 37 or. In paragraph 5(2), for The regulations substitute An order. Omit paragraphs 5(2) and (e). Schedule 14 (Consequential Amendments), paragraphs 43 to 46, 50 to 52, 54, 56 to 62, 64, 68, 83, 85, 86, 108, 109 and 114 In paragraph 44(2), in the substituted section 3(5) of the Immigration Act 1971, for United Kingdom substitute Bailiwick of Jersey and for Secretary of State substitute Lieutenant Governor. Omit sub-paragraphs (3) and (4) of paragraph 54. In paragraph 56, for United Kingdom substitute Bailiwick of Jersey. In paragraph 57, in the inserted paragraph 2A of Schedule 2 to the 1971 Act, in paragraph 2A(1), for United Kingdom substitute Bailiwick of Jersey ; and in paragraph 2A(9), omit and Part IV of the Immigration and Asylum Act 1999. In paragraph 59, in the substituted paragraph 7 of Schedule 2 to the 1971 Act, for United Kingdom (each place), substitute Bailiwick of Jersey. In paragraph 62, amending paragraph 21 of Schedule 2 to the 1971 Act, Jersey Revised Edition Appendix Page - 19
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provisions extended Modifications in the inserted sub-paragraph (2A), for may be prescribed by regulations made by the Secretary of State substitute the Lieutenant Governor may direct ; in the inserted sub-paragraph (2B), for regulations substitute directions and omit (2B); (c) in the inserted sub-paragraph (2C), for regulations substitute directions ; (d) for the inserted sub-paragraphs (2D) and (2E), substitute (2D) The power to give directions conferred by this paragraph includes a power to make different provision for different cases.. In paragraph 64, in the inserted paragraph 26(1A) of Schedule 2 to the 1971 Act, for Secretary of State may by order prescribe substitute Lieutenant Governor may direct ; and omit sub-paragraph (4). For paragraph 114, amending Schedule 2 to the Asylum and Immigration Act 1996, substitute 114. In Schedule 2, omit subparagraph (2) of paragraph 1.. Schedule 15 (Transitional Provisions and Savings), paragraph 1 In sub-paragraphs (1) and (2) of paragraph 1, for An order made (both places), substitute Directions given. Schedule 16 (Repeals) The following entries only in the entry relating to the 1971 Act, the words In section 24, subsections (1)(aa) and (2). Section 25(3). In Schedule 2, in paragraph 21(4) under paragraph 2 above, in Page - 20 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Provisions extended Modifications paragraph 26(1) and have not been given leave ; the entry relating to the Immigration (Carriers Liability) Act 1987; (c) the references to sections 8 and 9 in the entry relating to the Immigration Act 1988; (d) the references to sections 4, 7 and to paragraph 1(2) of Schedule 2 in the entry relating to the Asylum and Immigration Act 1996. Jersey Revised Edition Appendix Page - 21
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE IMMIGRATION AND ASYLUM ACT 1999 (1999 c. 33) ARRANGEMENT OF SECTIONS PART I IMMIGRATION: GENERAL Leave to enter, or remain in, the United Kingdom Section 1 Leave to enter. 2 Leave to remain. 3 * * * * * * * 4 * * * * * * * 5 Charges. Exemption from immigration control 6 Members of missions other than diplomatic agents. 7 Persons ceasing to be exempt. 8 Persons excluded from the United Kingdom under international obligations. Removal from the United Kingdom 9 * * * * * * * 10 Removal of certain persons unlawfully in the United Kingdom. 11 * * * * * * * 12 * * * * * * * 13 Proof of identity of persons to be removed or deported. 14 Escorts for persons removed from the United Kingdom under directions. 15 Protection of claimants from removal or deportation. Jersey Revised Edition Appendix Page - 23
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 Provision of financial security 16 * * * * * * * 17 * * * * * * * Information 18 Passenger information. 19 Notification of non-eea arrivals. 20 * * * * * * * 21 * * * * * * * Employment: code of practice 22 * * * * * * * Monitoring entry clearance 23 * * * * * * * Reporting suspicious marriages 24 * * * * * * * Immigration control: facilities and charges 25 Provision of facilities for immigration control at ports. 26 Charges: immigration control. Charges: travel documents 27 * * * * * * * Offences 28 Deception. 29 Facilitation of entry. 30 False statements etc. 31 Defences based on Article 31(1) of the Refugee Convention. Page - 24 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE PART II CARRIERS LIABILITY Clandestine entrants 32 Penalty for carrying clandestine entrants. 33 Code of practice. 34 Defences to claim that penalty is due under section 32. 35 Procedure. 36 Power to detain vehicles etc. in connection with penalties under section 32. 37 Effect of detention. 38 Assisting illegal entry and harbouring. 39 * * * * * * * Passengers without proper documents 40 Charges in respect of passengers without proper documents. 41 * * * * * * * 42 Power to detain vehicles etc. in connection with charges under section 40. 43 Interpretation of Part II. Interpretation PART III BAIL * * * * * * * PART IV APPEALS * * * * * * * Jersey Revised Edition Appendix Page - 25
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 PART V IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS * * * * * * * PART VI SUPPORT FOR ASYLYM-SEEKERS * * * * * * * PART VII POWER TO ARREST, SEARCH AND FINGERPRINT 128 Arrest without warrant. Power to arrest 129 Search and arrest by warrant. 130 Search and arrest without warrant. Power to search and arrest 131 Entry and search of premises. Power to enter and search premises 132 Entry and search of premises following arrest. 133 Entry and search of premises following arrest under section 25(1) of the 1971 Act. 134 Searching arrested persons. Power to search persons 135 Searching persons in police custody. 136 Access and copying. Seized material: access and copying Page - 26 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Search warrants 137 Search warrants: safeguards. 138 Execution of warrants. 139 Interpretation. Detention 140 Detention of persons liable to examination or removal. Fingerprinting 141 Fingerprinting. 142 Attendance for fingerprinting. 143 Destruction of fingerprints. 144 Other methods of collecting data about physical characteristics. Codes of practice 145 * * * * * * * 146 Use of force. Use of force PART VIII DETENTION CENTRES AND DETAINED PERSONS * * * * * * * PART IX REGISTRAR S CERTIFICATES: PROCEDURE * * * * * * * PART X MISCELLANEOUS AND SUPPLEMENTAL 164 * * * * * * * Jersey Revised Edition Appendix Page - 27
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 165 * * * * * * * 166 Regulations and orders. 167 Interpretation. 168 * * * * * * * 169 Minor and consequential amendments, transitional provisions and repeals. 170 Short title, commencement and extent. SCHEDULES Schedule 1 - Sale of Transporters. Schedules 2-13 - * * * * * * * Schedule 14 - Consequential Amendments. Schedule 15 - Transitional Provisions and Savings. Schedule 16 - Repeals. Page - 28 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE ELIZABETH II 1999 c. 33 AN ACT to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar s certificate; and for connected purposes. [11th November 1999] BE IT ENACTED by the Queen s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows 9 PART I IMMIGRATION: GENERAL Leave to enter, or remain in, the United Kingdom 1 Leave to enter In the 1971 Act, after section 3, insert 3A Further provision as to leave to enter (1) The [Lieutenant Governor may give directions] with respect to the giving, refusing or varying of leave to enter the [Bailiwick of Jersey]. (2) [Directions] under subsection (1) may, in particular, provide for (c) (d) leave to be given or refused before the person concerned arrives in the [Bailiwick of Jersey]; the form or manner in which leave may be given, refused or varied; the imposition of conditions; a person s leave to enter not to lapse on his leaving the common travel area. (3) The [Lieutenant Governor may give directions] that, in such circumstances as may be prescribed Jersey Revised Edition Appendix Page - 29
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 an entry visa, or such other form of entry clearance as may be prescribed, is to have effect as leave to enter the [Bailiwick of Jersey]. (4) [Directions] under subsection (3) may, in particular provide for a clearance to have effect as leave to enter (i) (ii) (iii) on a prescribed number of occasions during the period for which the clearance has effect; on an unlimited number of occasions during that period; subject to prescribed conditions; and provide for a clearance which has the effect referred to in paragraph (i) or (ii) to be varied by the [Lieutenant Governor] or an immigration officer so that it ceases to have that effect. (5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed. (6) In subsections (3), (4) and (5) prescribed means prescribed in [directions given] under subsection (3). (7) The [Lieutenant Governor] may, in such circumstances as may be prescribed in [directions given] by him, give or refuse leave to enter the [Bailiwick of Jersey]. (8) [Directions] under subsection (7) may provide that, in such circumstances as may be prescribed by [the directions], paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the [Lieutenant Governor] of functions which he has as a result of [the directions], as if references to an immigration officer included references to the [Lieutenant Governor]. (9) Subsection (8) is not to be read as affecting any power conferred by subsection (10). (10) [Directions] under this section may contain such incidental, supplemental, consequential and transitional provision as the [Lieutenant Governor] considers appropriate; and make different provision for different cases. (11) This Act and any provision made under it has effect subject to any [directions given] under this section. (12) * * * * * (13) * * * * * 2 Leave to remain In the 1971 Act, after section 3A, insert Page - 30 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE 3B Further provision as to leave to remain (1) The [Lieutenant Governor may give directions] with respect to the giving, refusing or varying of leave to remain in the [Bailiwick of Jersey]. (2) [Directions] under subsection (1) may, in particular, provide for (c) the form or manner in which leave may be given, refused or varied; the imposition of conditions; a person s leave to remain in the [Bailiwick of Jersey] not to lapse on his leaving the common travel area. (3) [Directions] under this section may contain such incidental, supplemental, consequential and transitional provision as the [Lieutenant Governor] considers appropriate; and make different provision for different cases. (4) This Act and any provision made under it has effect subject to any [directions given] under this section. (5) * * * * * (6) * * * * * 3 * * * * * * * 4 * * * * * * * 5 Charges (1) The [Committee may by order prescribe] fees to be paid in connection with applications for (c) leave to remain in the [Bailiwick of Jersey]; the variation of leave to enter, or remain in, the [Bailiwick of Jersey]; an indefinite leave stamp to be fixed on the applicant s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document). (2) If a fee prescribed in connection with an application of a particular kind is payable, no such application is to be entertained * * * unless the fee has been paid in accordance with the [order]. (3) But Jersey Revised Edition Appendix Page - 31
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is (i) (ii) a person making a claim for asylum which claim either has not been determined or has been granted; or a dependant of such a person; and the [order] may provide for no fee to be payable in prescribed circumstances. (4) If no fee is payable in respect of some part of the application, [that part of the application must be entertained]. (5) Indefinite leave stamp means a stamp which indicates that the applicant has been granted indefinite leave to enter, or remain in, the [Bailiwick of Jersey]. (6) Claim for asylum has the meaning given in [subsection 15 of section 141]. (7) Dependant has such meaning as may be prescribed. Exemption from immigration control [6 Members of missions other than diplomatic agents In the 1971 Act, in section 8 (exceptions for certain categories of person) in subsection (3), for the words Diplomatic Privileges Act 1964 substitute Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998 10 and omit the words by that Act ; for subsection (3A) (Members of Diplomatic Missions), substitute (3A) For the purposes of subsection (3) a member of a mission other than a diplomatic agent (as defined by the 1998 Law) is not to count as a member of a mission unless he was resident outside the Bailiwick of Jersey, and was not in the Bailiwick of Jersey, when he was offered a post as such a member; and he has not ceased to be such a member after having taken up the post..] 7 Persons ceasing to be exempt In the 1971 Act, after section 8, insert 8A Persons ceasing to be exempt (1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3). (2) If a person who is exempt Page - 32 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE (3) If ceases to be exempt, and requires leave to enter or remain in the [Bailiwick of Jersey] as a result, he is to be treated as if he had been given leave to remain in the [Bailiwick of Jersey] for a period of 90 days beginning on the day on which he ceased to be exempt. a person who is exempt ceases to be exempt, and there is in force in respect of him leave for him to enter or remain in the [Bailiwick of Jersey] which expires before the end of the period mentioned in subsection (2), his leave is to be treated as expiring at the end of that period. 8 Persons excluded from the United Kingdom under international obligations In the 1971 Act, after section 8A, insert 8B Persons excluded from the United Kingdom under international obligations (1) An excluded person must be refused leave to enter the [Bailiwick of Jersey]; leave to remain in the [Bailiwick of Jersey]. (2) A person s leave to enter or remain in the [Bailiwick of Jersey] is cancelled on his becoming an excluded person. (3) A person s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person. (4) Excluded person means a person named by or under, or of a description specified in, a designated instrument. (5) The [Committee] may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed). (6) Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question. (7) * * * * * Jersey Revised Edition Appendix Page - 33
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 (8) * * * * * Removal from the United Kingdom 9 * * * * * * * 10 Removal of certain persons unlawfully in the United Kingdom (1) A person who is not a British citizen may be removed from the [Bailiwick of Jersey], in accordance with directions given by an immigration officer, if (c) having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; he has obtained leave to remain by deception; or directions ( the first directions ) have been given for the removal, under this section, of a person ( the other person ) to whose family he belongs. (2) * * * * * (3) Directions may not be given under subsection (1)(c) unless the [Lieutenant Governor] has given the person concerned written notice, not more than eight weeks after the other person left the [Bailiwick of Jersey] in accordance with the first directions, that he intends to remove the person concerned from the [Bailiwick of Jersey]. (4) If such a notice is sent by the [Lieutenant Governor] by first class post, addressed to the person concerned s last known address, it is to be taken to have been received by that person on the second day after the day on which it was posted. (5) Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the other person. (6) Directions under this section may be given only to persons falling within a prescribed class; may impose any requirements of a prescribed kind. (7) In relation to any such directions, paragraphs 10, 11, 16 to 18, [and 21] of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule. (8) Directions for the removal of a person given under this section invalidate any leave to enter or remain in the [Bailiwick of Jersey] given to him before the directions are given or while they are in force. (9) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the [Committee]. Page - 34 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE 11 * * * * * * * 12 * * * * * * * 13 Proof of identity of persons to be removed or deported (1) This section applies if a person is to be removed from the [Bailiwick of Jersey] to a country of which he is a national or citizen; but does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel. (2) If the country to which the person is to be removed indicates that he will not be admitted to it unless identification data relating to him are provided by the [Lieutenant Governor], he may provide them with such data. (3) In providing identification data, the [Lieutenant Governor] must not disclose whether the person concerned has made a claim for asylum. (4) * * * * * (5) Identification data means fingerprints taken under section 141; or data collected in accordance with [directions] made under section 144. (6) Removed means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act. 14 Escorts for persons removed from the United Kingdom under directions (1) Directions for, or requiring arrangements to be made for, the removal of a person from the [Bailiwick of Jersey] may include or be amended to include provision for the person who is to be removed to be accompanied by an escort consisting of one or more persons specified in the directions. (2) The [Committee may by order] make further provision supplementing subsection (1). (3) [Such order] may, in particular, include provision (c) (d) requiring the person to whom the directions are given to provide for the return of the escort to the [Bailiwick of Jersey]; requiring him to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed; as to the cases in which the [Committee] is to bear those costs; prescribing the kinds of expenditure which are to count in calculating the costs incurred in connection with escorts. Jersey Revised Edition Appendix Page - 35
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 15 Protection of claimants from removal or deportation (1) During the period beginning when a person makes a claim for asylum and ending when the [Lieutenant Governor] gives him notice of the decision on the claim, he may not be removed from, or required to leave, the [Bailiwick of Jersey]. (2) Subsection (1) does not prevent directions for his removal being given during that period; a deportation order being made against him during that period. (3) But no such direction or order is to have effect during that period. (4) * * * * * 16 * * * * * * * 17 * * * * * * * Information 18 Passenger information In the 1971 Act, in Schedule 2, after paragraph 27, insert 27B Passenger information (1) This paragraph applies to ships or aircraft which have arrived, or are expected to arrive, in the [Bailiwick of Jersey]; or which have left, or are expected to leave, the [Bailiwick of Jersey]. (2) If an immigration officer asks the owner or agent ( the carrier ) of a ship or aircraft for passenger information, the carrier must provide that information to the officer. (3) The officer may ask for passenger information relating to (c) a particular ship or particular aircraft of the carrier; particular ships or aircraft (however described) of the carrier; or all of the carrier s ships or aircraft. (4) The officer may ask for all passenger information in relation to the ship or aircraft concerned; or Page - 36 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE particular passenger information in relation to that ship or aircraft. (5) A request under sub-paragraph (2) (c) must be in writing; must state the date on which it ceases to have effect; and continues in force until that date, unless withdrawn earlier by written notice by an immigration officer. (6) The date may not be later than six months after the request is made. (7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed. (8) The information must be provided in such form and manner as the [Lieutenant Governor] may direct; and at such time as may be stated in the request. (9) Passenger information means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified [by the Lieutenant Governor]. (10) * * * * * (11) * * * * * 19 Notification of non-eea arrivals In the 1971 Act, in Schedule 2, after paragraph 27B, insert Notification of non-eea arrivals 27C (1) If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent ( the carrier ) of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the [Bailiwick of Jersey] of any ship or aircraft of which he is the owner or agent; and which he expects to carry a person who is not an EEA national. (2) The notice may relate to (c) a particular ship or particular aircraft of the carrier; particular ships or aircraft (however described) of the carrier; or all of the carrier s ships or aircraft. Jersey Revised Edition Appendix Page - 37
SCHEDULE Immigration and Asylum Act 1999 (Jersey) Order 2003 (3) The notice must state the date on which it ceases to have effect; and continues in force until that date, unless withdrawn earlier by written notice given by a senior officer. (4) The date may not be later than six months after the notice is given. (5) The fact that a notice under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph (3) does not prevent the notice from being renewed. (6) The information must be provided in such form and manner as the notice may require; and before the ship or aircraft concerned departs for the [Bailiwick of Jersey]. (7) If a ship or aircraft travelling to the [Bailiwick of Jersey] stops at one or more places before arriving in the [Bailiwick of Jersey], it is to be treated as departing for the [Bailiwick of Jersey] when it leaves the last of those places. (8) Senior officer means an immigration officer not below the rank of chief immigration officer. (9) Relevant officer means the officer who gave the notice under sub-paragraph (1); or any immigration officer at the port at which the ship or aircraft concerned is expected to arrive. (10) EEA national means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being. 20 * * * * * * * 21 * * * * * * * Employment: code of practice 22 * * * * * * * Page - 38 Jersey Revised Edition 31 August 2004
Immigration and Asylum Act 1999 (Jersey) Order 2003 SCHEDULE Monitoring entry clearance 23 * * * * * * * Reporting suspicious marriages 24 * * * * * * * Immigration control: facilities and charges 25 Provision of facilities for immigration control at ports (1) The person responsible for the management of a control port ( the manager ) must provide the [Committee] free of charge with such facilities at the port as the [Committee] may direct as being reasonably necessary for, or in connection with, the operation of immigration control there. (2) * * * * * (3) * * * * * (4) * * * * * (5) * * * * * (6) Control port means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act. (7) Facilities means accommodation, facilities, equipment and services of a class or description specified in an order made by the [Committee]. 26 Charges: immigration control (1) The [Committee] may, at the request of any person and in consideration of such charges as [it] may determine, make arrangements for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port; for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances. (2) Control port has the same meaning as in section 25. (3) Facilities includes equipment. (4) Basic service has such meaning as may be prescribed. Jersey Revised Edition Appendix Page - 39