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IMMIGRATION ACT and Subsidiary Legislation

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IMMIGRATION ACT and Subsidiary Legislation MONTSERRAT CHAPTER 13.01 IMMIGRATION ACT and Subsidiary Legislation Revised Edition showing the law as at 1 January 2019 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— Page IMMIGRATION ACT 3 Act 7 of 1945 .. in force 10 January 1946 Amended by Acts: 13 of 1953, 5 of 1954, (S.R.O. 15/1956), 10 of 1959 5 of 1962 .. in force 5 September 1962 29 of 1968 .. in force 31 December 1968 18 of 1970 .. in force 15 September 1970 3 of 1973 .. in force 3 May 1973 25 of 1975 .. in force 10 October 1975 29 of 1975 .. in force 15 December 1975 21 of 1979 .. in force 7 December 1979 24 of 1982 .. in force 1 January 1983 11 of 1987 .. in force 30 December 1987 7 of 1993 .. in force 13 May 1993 12 of 1993 .. in force 11 November 1993 13 of 1997 .. in force 20 January 1998 8 of 1999 .. in force 10 November 1999 4 of 2002 .. in force 11 December 2002 1 of 2009 .. in force 11 February 2009 14 of 2010 .. in force 11 August 2010 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) 10 of 2012 .. in force 1 January 2013 (S.R.O. 71/2012) 20 of 2012 .. in force 27 December 2012 8 of 2013 .. in force 1 May 2013 IMMIGRATION REGULATIONS For Regulations see Inside Cover IMMIGRATION REGULATIONS – Section 40 37 S.R.O. 14/1947 Amended by S.R.O.s: 19/1950, 3/1951, 24/1953, 20/1957, 5/1959 19/1970 .. in force 16 September 1970 5/1973 .. in force 22 March 1973 44/1975 .. in force 12 November 1975 4/1984 .. in force 1 March 1984 13/1985 .. in force 1 May 1985 34/1985 .. in force 11 October 1985 10/1988 .. in force 29 July 1988 6/1993 .. in force 18 February 1993 21/1993 .. in force 26 May 1993 16/1994 .. in force 27 April 1994 41/1994 .. in force 15 September 1994 60/1999 .. in force 4 November 1999 7/2008 .. in force 11 February 2008 33/2010 .. in force 21 July 2010 17/2013 .. in force 1 April 2013 Amended by Acts: 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) 10 of 2012 .. in force 1 January 2013 (S.R.O. 71/2012) PASSPORT (EXEMPTION) ORDER – Section 17 69 S.R.O.s 9/1947, 2/1948 Amended by S.R.O.s: 4/1984 .. in force 11 October 1984 55/1993 .. in force 21 October 1993 IMMIGRATION (VISA EXEMPTION) ORDER – Section 17 71 S.R.O. 46/2013 .. in force 14 August 2013 IMMIGRATION (PERMANENT RESIDENCE PERMITS) REGULATIONS – Section 40 75 S.R.O. 66/2005 .. in force 5 October 2005 Amended by Act 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) Amended by S.R.O.s: 6/2012 .. in force 21 July 2010 16/2013 .. in force 1 April 2013 69/2013 .. in force 17 January 2014 IMMIGRATION (ECONOMIC RESIDENCE PERMIT) REGULATIONS – Section 40 85 S.R.O. 8/1998 .. in force 24 February 1998 Amended by Act 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) Amended by S.R.O. 30/2013 .. in force 3 April 2013 IMMIGRATION (HEALTH CERTIFICATE) REGULATIONS – Section 40 93 S.R.O. 9/1990 .. in force 8 May 1990 Amended by S.R.O. 5/2004…in force 26 February 2004 IMMIGRATION (ASYLUM APPEALS) RULES – Section 40 99 S.R.O. 59/2009 .. in force 30 October 2009 MONTSERRAT CHAPTER 13.01 IMMIGRATION ACT and Subsidiary Legislation Revised Edition showing the law as at 1 January 2017 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— Page IMMIGRATION ACT 3 Act 7 of 1945 .. in force 10 January 1946 Amended by Acts: 13 of 1953, 5 of 1954, (S.R.O. 15/1956), 10 of 1959 5 of 1962 .. in force 5 September 1962 29 of 1968 .. in force 31 December 1968 18 of 1970 .. in force 15 September 1970 3 of 1973 .. in force 3 May 1973 25 of 1975 .. in force 10 October 1975 29 of 1975 .. in force 15 December 1975 21 of 1979 .. in force 7 December 1979 24 of 1982 .. in force 1 January 1983 11 of 1987 .. in force 30 December 1987 7 of 1993 .. in force 13 May 1993 12 of 1993 .. in force 11 November 1993 13 of 1997 .. in force 20 January 1998 8 of 1999 .. in force 10 November 1999 4 of 2002 .. in force 11 December 2002 1 of 2009 .. in force 11 February 2009 14 of 2010 .. in force 11 August 2010 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) 10 of 2012 .. in force 1 January 2013 (S.R.O. 71/2012) 20 of 2012 .. in force 27 December 2012 8 of 2013 .. in force 1 May 2013 IMMIGRATION REGULATIONS For Regulations see Inside Cover IMMIGRATION REGULATIONS – Section 40 37 S.R.O. 14/1947 Amended by S.R.O.s: 19/ 1950, 3/1951, 24/1953, 20/1957, 5/1959 19/1970 .. in force 16 September 1970 5/1973 .. in force 22 March 1973 44/1975 .. in force 12 November 1975 4/1984 .. in force 1 March 1984 13/1985 .. in force 1 May 1985 34/1985 .. in force 11 October 1985 10/1988 .. in force 29 July 1988 6/1993 .. in force 18 February 1993 21/1993 .. in force 26 May 1993 16/1994 .. in force 27 April 1994 41/1994 .. in force 15 September 1994 60/1999 .. in force 4 November 1999 7/2008 .. in force 11 February 2008 33/2010 .. in force 21 July 2010 17/2013 .. in force 1 April 2013 Amended by Acts: 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) 10 of 2012 .. in force 1 January 2013 (S.R.O. 71/2012) PASSPORT (EXEMPTION) ORDER – Section 17 69 S.R.O.s 9/1947, 2/1948 Amended by S.R.O.s: 4/1984 .. in force 11 October 1984 55/1993 .. in force 21 October 1993 IMMIGRATION (VISA EXEMPTION) ORDER – Section 17 71 S.R.O. 46/2013 .. in force 14 August 2013 IMMIGRATION (PERMANENT RESIDENCE PERMITS) REGULATIONS – Section 40 75 S.R.O. 66/2005 .. in force 5 October 2005 Amended by Act 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) Amended by S.R.O.s: 6/2012 .. in force 21 July 2010 16/2013 .. in force 1 April 2013 69/2013 .. in force 17 January 2014 IMMIGRATION (ECONOMIC RESIDENCE PERMIT) REGULATIONS – Section 40 85 S.R.O. 8/1998 .. in force 24 February 1998 Amended by Act 9 of 2011 .. in force 27 September 2011 (S.R.O. 40/2011) Amended by S.R.O. 30/2013 .. in force 3 April 2013 IMMIGRATION (HEALTH CERTIFICATE) REGULATIONS – Section 40 93 S.R.O. 9/1990 .. in force 8 May 1990 Amended by S.R.O. 5/2004…in force 26 February 2004 IMMIGRATION (ASYLUM APPEALS) RULES – Section 40 99 S.R.O. 59/2009 .. in force 30 October 2009 LAWS OF MONTSERRAT Immigration CAP. 13.01 3 Revision Date: 1 Jan 2019 CHAPTER 13.01 IMMIGRATION ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Appointment and powers of immigration officers PART 1 ADMINISTRATION, ENTRY AND LANDING 4. Immigration Appeals Tribunal 5. Meetings of Immigration Appeals Tribunal 6. Duty of confidentiality 7. Remuneration and immunity of members of the Tribunal 8. Power to prohibit entry of aliens 9. Enumeration of prohibited immigrants 10. Entry of certain persons prohibited 11. Who are not prohibited immigrants 12. No prohibited immigrant to enter Montserrat 13. Power to postpone decision 14. Certificate that a person is not a prohibited immigrant 15. Mistaken decision that a person is not a prohibited immigrant 16. Duties of immigrants on entering Montserrat 17. Passports 18. Onus of proof 19. Permits for prohibited immigrants to reside in Montserrat 20. Temporary permits for sick persons 21. Temporary permits pending appeal, etc. 22. Control of entry 23. Permit of permanent residence and economic residence 24. Revocation of permit of permanent residence 25. Revocation of permits 26. Orders for prohibited immigrants to leave Montserrat 27. Removal orders 28. Master to furnish list of persons and penalty for false information 29. Master may prevent landing 30. Master to be held harmless 31. Liability of vessel to repatriate a prohibited immigrant 32. Master and owners of vessel liable for expenses 33. Recovery of expenses LAWS OF 4 CAP. 13.01 Immigration MONTSERRAT Revision Date: 1 Jan 2019 34. Certificate of identity 35. Issue of certificate of character 36. Conditions and restrictions relating to permits and certificates 37. Photographs and fingerprints may be taken 38. Place of detention 39. Police to assist immigration officers 40. Power to make regulations 41. Appeal against detention or restriction of prohibited immigrant 42. Offences 43 Penalty PART 2 ASYLUM 44. Meaning of refugee 45. Asylum claim 46. Consideration of asylum claims 47. Grant of refugee status and rights of a recognized refugee 48. Directions by the Governor acting on the advice of Cabinet 49. Appeals to the Immigration Appeals Tribunal 50. Removal of Asylum Claimant to safe third country 51.
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