Immigration (Removal Directions) (Jersey) Order 2018

Made                                                                        8th January 2018

Coming into force                                                   15th January 2018

THE MINISTER FOR HOME AFFAIRS, in pursuance of sections 10 and 166(3) of the Immigration and Asylum Act 1999 as extended to Jersey, with modifications and exceptions, by the Immigration and Asylum Act 1999 (Jersey) Order 2003[1] as amended by the Immigration (Jersey) (Amendment) Order 2017[2], orders as follows –

1        Interpretation

(1)     In this Order –

aircraft” includes hovercraft;

captain” means master of a ship or commander of an aircraft;

ship” includes every description of vessel used in navigation.

(2)     In this Order, a reference to a section number is a reference to a section of the Immigration and Asylum Act 1999 as extended to Jersey, with modifications and exceptions, by the Immigration and Asylum Act 1999 (Jersey) Order 2003[3] as amended by the Immigration (Jersey) (Amendment) Order 2017[4].

2        Persons to whom directions may be given

For the purposes of section 10(6)(a), the following classes of person are prescribed –

(a)     owners of ships;

(b)     owners of aircraft;

(c)     agents of ships;

(d)     agents of aircraft;

(e)     captains of ships about to leave Jersey; and

(f)      captains of aircraft about to leave Jersey.

3        Requirements that may be imposed by directions

(1)     For the purposes of section 10(6)(b), the following requirements are prescribed –

(a)     in the case where directions are given to a captain of a ship or aircraft about to leave Jersey, a requirement to remove the relevant person from Jersey in that ship or aircraft;

(b)     in the case where directions are given to any other person who falls within a class prescribed in Article 2, a requirement to make arrangements for the removal of the relevant person in a ship or aircraft specified or indicated in the directions; and

(c)     in all cases, a requirement to remove the relevant person in accordance with arrangements to be made by an immigration officer.

(2)     Paragraph (1) only applies if the directions specify that the relevant person is to be removed to a country or territory being –

(a)     a country of which he or she is a national or citizen; or

(b)     a country or territory to which there is reason to believe that he or she will be admitted.

(3)     In this Article “relevant person” means a person who may be removed from Jersey in accordance with section 10(1).

4        Revocation

The Immigration (Removal Directions) (Jersey) Order 2004[5] is revoked.

5        Citation and commencement

This Order shall be cited as the Immigration (Removal Directions) (Jersey) Order 2018 and shall come into force 7 days after the day on which it is made.

deputy k.l. moore of st. peter

Minister for Home Affairs

 


 



[1]                                    chapter 21.770

[2]                                    L.23/2017

[3]                                    chapter 21.770

[4]                                    L.23/2017

[5]                                    R&O.122/2004 (chapter 21.770.70)


Page Last Updated: 09 Jan 2018