Immigration (Jersey) Order 2015

The Immigration (Jersey) Order 2015 Made by Her Majesty in Council 15th July 2015 Registered by the Royal Court 11th September 2015 In force 18th September 2015 HER MAJESTY , in exercise of the powers conferred upon Her by section 63(3) of the Immigration, Asylum and Nationality Act 2006 and section 76(6) of the Immigration Act 2014, is pleased, by and with the advice of Her Privy Council, to make the following Order: 1 Citation, commencement and interpretation (1) This Order may be cited as the Immigration (Jersey) Order 2015 and shall come into force seven days after the day on which it is registered by the Royal Court of Jersey. (2) In this Order – “the 1971 Act” means the Immigration Act 1971; “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006; “the 2014 Act” means the Immigration Act 2014; 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 Extension and modification (1) Sections 27 and 42 of the 2006 Act shall extend to Jersey subject to the modifications specified in the right-hand column of Schedule 1 to this Order. (2) The following provisions of the 2014 Act namely – (a) sections 67 and 73(6), (b) Schedule 8, and (c) Parts 1 and 10 of Schedule 9, shall extend to Jersey subject to the modifications (if any) specified in the right-hand column of Schedule 2 to this Order. (3) For the avoidance of doubt, the amendments made to the 1971 Act by sections 67 and 73(6) of, and Schedule 8 and Parts 1 and 10 of Schedule 9 to, the 2014 Act, as extended to Jersey by paragraph (2) of this article, are amendments made to the 1971 Act as amended by sections 27 and 42 of the 2006 Act as extended to Jersey by paragraph (1) of this article. Richard tilbrook Clerk of the Privy Council SCHEDULE 1 (Article 2(1)) MODIFICATIONs of sections 27 and 42 of the immigration, asylum and nationality act 2006 as those sections extend to jersey Provision Modifications Section 27 (Documents produced or found) (a) In the substituted paragraph 4(4)(b) for “the United Kingdom” substitute “the Bailiwick of Jersey”; (b) In the substituted paragraph 4(4)(c) omit “in respect of an appeal under the Immigration Acts or”. Section 42 (Information: embarking passengers) In subsection (2) for “the United Kingdom” wherever it occurs substitute “the Bailiwick of Jersey”. SCHEDULE 2 (Article 2(2)) MODIFICATIONs of sections 67 and 73(6) of, and schedule 8 and parts 1 and 10 of schedule 9 to, the immigration act 2014 as those provisions extend to jersey Provision Modifications Schedule 8 Paragraph 4 (Embarkation cards) (amending paragraph 5 of Schedule 2 to the 1971 Act) In sub-paragraph (3) for “United Kingdom” substitute “Bailiwick of Jersey”. Paragraph 5 (Designations) (inserting new paragraph 5A of Schedule 2 to the 1971 Act) In the inserted paragraph 5A – (a) for “Secretary of State” wherever it appears substitute “Minister”; (b) after sub-paragraph (5) insert – “(5A) When the Minister designates a person under this paragraph or withdraws or varies such a designation, he shall inform the Lieutenant-Governor.”. (c) after sub-paragraph (6) insert – “(7) In this Schedule “Minister” means Minister for Home Affairs.”. Paragraph 6 (Directions to carriers and operators of ports) (inserting new paragraph 5B of Schedule 2 to the 1971 Act) In the inserted paragraph 5B for “Secretary of State” in sub-paragraph (1) substitute “Minister”. Schedule 9 Part 1 (Provision relating to removal) (a) in paragraph 1 for “Secretary of State” substitute “Lieutenant-Governor”; (b) omit paragraphs 2 to 7 (inclusive). Part 10 (Provision relating to embarkation checks) In sub-paragraph (3) after “comes into force” insert “in the Bailiwick of Jersey”. IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 (2006 c. 13) CONTENTS Appeals 1–14 * * * * * * * Employment 15–26 * * * * * * * Information 27 Documents produced or found 28–41 * * * * * * * 42 Information: embarking passengers Claimants and applicants 43–52 * * * * * * * Miscellaneous 53–59 * * * * * * * General 60–64 * * * * * * * ____________________ SCHEDULES 1–3 – * * * * * * * ELIZABETH II IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 2006 CHAPTER 13 A N ACT to make provision about immigration, asylum and nationality; and for connected purposes. [30th March 2006] B E 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 [1] – Appeals 1–14 * * * * * * * Employment 15–26 * * * * * * * Information 27 Documents produced or found (1) For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry: documents) substitute – “(4) Where a passport or other document is produced or found in accordance with this paragraph an immigration officer may examine it and detain it – (a) for the purpose of examining it, for a period not exceeding 7 days; (b) for any purpose, until the person to whom the document relates is given leave to enter [the Bailiwick of Jersey] or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter; (c) after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings * * * * * * * in respect of an offence. (5) For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris or any other part of the eye).” (2) Paragraph 4(2A) of that Schedule shall cease to have effect. 28–41 * * * * * * * 42 Information: embarking passengers (1) Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows. (2) In paragraph 3(1) for the words from “and if he is not” to the end substitute – “and, if he is not a British citizen, for the purpose of establishing – (a) his identity; (b) whether he entered [the Bailiwick of Jersey] lawfully; (c) whether he has complied with any conditions of leave to enter or remain in [the Bailiwick of Jersey]; (d) whether his return to [the Bailiwick of Jersey] is prohibited or restricted. (1A) An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph.” (3) After paragraph 16(1A) insert – “(1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.” (4) In paragraph 21(1) after “16” insert “(1), (1A) or (2)”. Claimants and applicants 43–52 * * * * * * * Miscellaneous 53–59 * * * * * * * General 60–64 * * * * * * * SCHEDULES 1 TO 3 * * * * * * * IMMIGRATION ACT 2014 (2014 c. 22) CONTENTS PART 1 * * * * * * * PART 2 * * * * * * * PART 3 * * * * * * * PART 4 * * * * * * * PART 5 * * * * * * * PART 6 MISCELLANEOUS Citizenship 65–66 * * * * * * * Embarkation checks 67 Embarkation checks Fees 68–70 * * * * * * * Welfare of children 71 * * * * * * * PART 7 FINAL PROVISIONS 72 * * * * * * * 73 Transitional and consequential provision 74–77 * * * * * * * ____________________ SCHEDULES 1–7 – * * * * * * * SCHEDULE 8 – Embarkation checks Part 1 – Functions exercisable by designated persons Part 2 – Other provision SCHEDULE 9 – Transitional and consequential provision Part 1 – Provision relating to removal Parts 2–9 – * * * * * * * Part 10 – Provision relating to embarkation checks Part 11 – * * * * * * * ELIZABETH II IMMIGRATION ACT 2014 2014 CHAPTER 22 A N ACT to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom’s vital interests; and for connected purposes. [14th May 2014] B E 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 [2] – PART 1 * * * * * * * PART 2 * * * * * * * PART 3 * * * * * * * PART 4 * * * * * * * PART 5 * * * * * * * PART 6 MISCELLANEOUS Citizenship 65–66 * * * * * * * Embarkation checks 67 Embarkation checks Schedule 8 (embarkation checks) has effect. Fees 68–70 * * * * * * * Welfare of children 71 * * * * * * * PART 7 FINAL PROVISIONS 72 * * * * * * * 73 Transitional and consequential provision (1)–(5) * * * * * * * (6) Schedule 9 (transitional and consequential provision) has effect. 74–77 * * * * * * * SCHEDULES SCHEDULES 1–7 * * * * * * * SCHEDULE 8 (Section 67) EMBARKATION CHECKS PART 1 FUNCTIONS EXERCISABLE BY DESIGNATED PERSONS 1 Introduction Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.) is amended in accordance with this Part of this Schedule. 2 Examinations by designated person (1) Paragraph 3 is amended as follows. (2) In sub-paragraph (1), after “immigration officer” insert “or designated person”. (3) For sub-paragraph (1A) substitute – “(1A) If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.”. 3 Information and documents (1) Paragraph 4 is amended as follows. (2) In sub-paragraph (1), for “his functions” substitute “that or any other person’s functions”. (3) In sub-paragraph (2) – (a) for “shall, if so required by the immigration officer” substitute “, or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person”; (b) in paragraph (b), for “the immigration officer” substitute “the immigration officer or designated person”. (4) In sub-paragraph (3), for the words from “the immigration officer” to the second “officer” substitute “an immigration officer or a person acting under the directions of an immigration officer”. (5) In sub-paragraph (4), in the words before paragraph (a) – (a) for “produced or found” substitute “produced to or found by an immigration officer”; (b) for “an immigration officer” substitute “, the immigration officer”. (6) After sub-paragraph (4) insert – “(4A) Where a passport or other document is produced to a designated person in accordance with this paragraph, the designed person – (a) may examine it and detain it; and (b) must deliver any detained passport or document to an immigration officer as soon as reasonably practicable. (4B) If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c).”. (7) In sub-paragraph (5), after “examination” insert “, or any immigration officer or designated person,”. 4 Embarkation cards (1) Paragraph (5) is amended in accordance with sub-paragraphs (2) and (3). (2) For “requiring passengers” substitute “requiring – (a) passengers”. (3) For “cards in such form” substitute “cards and (b) passengers embarking in the [Bailiwick of Jersey], or any class of such passengers, to produce to a designated person, if so required, embarkation cards, in such form”. 5 Designations After paragraph 5 insert – “5A Designated persons (1) In this Schedule “designated person” means a person designated by the [Minister] for the purposes of this Schedule. (2) A designation under this paragraph is subject to such limitations as may be specified in the designation. (3) A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person’s designation. (4) A designation under this paragraph – (a) may be permanent or for a specified period, (b) may (in either case) be withdrawn, and (c) may be varied. (5) The power to designate, or to withdraw or vary a designation, is exercised by the [Minister]. [(5A) When the Minister designates a person under this paragraph or withdraws or varies such a designation, he shall inform the Lieutenant-Governor.] (6) The [Minister] may designate a person under this paragraph only if the [Minister] is satisfied that the person – (a) is capable of effectively carrying out the functions that are exercisable by virtue of the designation, (b) has received adequate training in respect of the exercise of those functions, and (c) is otherwise a suitable person to exercise those functions. [(7) In this Schedule “Minister” means Minister for Home Affairs.]”. 6 Directions to carriers and operators of ports After paragraph 5A (inserted by paragraph 5 above) insert – “5B Directions to carriers and operators of ports etc (1) The [Minister] may direct – (a) an owner or agent of a ship or aircraft, or (b) a person concerned in the management of a port, to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in relation to persons of a specified description. (2) A direction under this paragraph must specify – (a) the port where, and (b) the date (or dates) and time (or times) when, a function is to be exercised under the arrangements. (3) A direction under this paragraph must be in writing. (4) A direction under this paragraph may specify a description of persons by reference, in particular, to – (a) the destination to which persons are travelling; (b) the route by which persons are travelling; (c) the date and time when the persons are travelling. (5) In this paragraph – “function” means a function under this Schedule; “specified” means specified in a direction under this paragraph.”. PART 2 OTHER PROVISION 7 Offences (1) Section 27 of the Immigration Act 1971 (offences by persons connected with ships or aircraft or with ports) is amended as follows. (2) In paragraph (b) – (a) after sub-paragraph (iii) insert – “(iiia) he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or”; (b) in sub-paragraph (iv) for “a requirement” substitute “any other requirement”. (3) After paragraph (c) insert – “(ca) if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2.”. SCHEDULE 9 (Section 73) TRANSITIONAL AND CONSEQUENTIAL PROVISION PART 1 PROVISION RELATING TO REMOVAL 1 Immigration Act 1971 (c. 77) In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc), in paragraph 11, after “immigration officer” insert “or the [Lieutenant-Governor]. 2–7 * * * * * * * PARTS 2–9 8–71 * * * * * * * PART 10 PROVISION RELATING TO EMBARKATION CHECKS 72 Transitional provision (1) Any order or direction under paragraph 5 of Schedule 2 to the Immigration Act 1971 that has effect immediately before commencement has, after commencement, the same effect in relation to the production of embarkation cards to designated persons as it has in relation to the production of such cards to immigration officers. (2) This paragraph is subject to the exercise, after commencement, of the powers under paragraph 5 of Schedule 2 to the Immigration Act 1971. (3) In this paragraph “commencement” means the day when the amendments made by Part 1 of Schedule 8 come into force [in the Bailiwick of Jersey]. PART 11 73–76 * * * * * * * [1] Deletions and words in square brackets indicate adaptations and modifications made by The Immigration (Jersey) Order 2015 [2] Deletions and words in square brackets indicate adaptations and modifications made by The Immigration (Jersey) Order 2015