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