LegalizeThe Immigration (Jersey) Order 2021
| Application of this Part. |
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| 117A.—(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts— (a) breaches a person’s right to respect for private and family life under Article 8, and (b) as a result would be unlawful under Article 7 of the Human Rights (Jersey) Law 2000. (2) In considering the public interest question, the court or tribunal must (in particular) have regard— (a) in all cases, to the considerations listed in section 117B, and (b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C. (3) In subsection (2), “the public interest question” means the question of whether an interference with a person’s right to respect for private and family life is justified under Article 8(2). |
| Article 8: public interest considerations applicable in all cases. |
| 117B.—(1) The maintenance of effective immigration controls is in the public interest. (2) It is in the public interest, and in particular in the interests of the economic well-being of Jersey, that persons who seek to enter or remain in Jersey are able to speak English or French, because persons who can speak English or French— (a) are less of a burden on taxpayers, and (b) are better able to integrate into society. (3) It is in the public interest, and in particular in the interests of the economic well-being of Jersey, that persons who seek to enter or remain in Jersey are financially independent, because such persons— (a) are not a burden on taxpayers, and (b) are better able to integrate into society. (4) Little weight should be given to— (a) a private life, or (b) a relationship formed with a qualifying partner, that is established by a person at a time when the person is in Jersey unlawfully. (5) Little weight should be given to a private life established by a person at a time when the person’s immigration status is precarious. (6) In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where— (a) the person has a genuine and subsisting parental relationship with a qualifying child, and (b) it would not be reasonable to expect the child to leave Jersey. |
| Article 8: additional considerations in cases involving foreign criminals. |
| 117C.—(1) The deportation of foreign criminals is in the public interest. (2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal. (3) In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C’s deportation unless Exception 1 or Exception 2 applies. (4) Exception 1 applies where— (a) C has been lawfully resident in Jersey for most of C’s life, (b) C is socially and culturally integrated in Jersey, and (c) there would be very significant obstacles to C’s integration into the country to which C is proposed to be deported. (5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C’s deportation on the partner or child would be unduly harsh. (6) In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2. (7) The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted. |
| Interpretation of this Part. |
| 117D.—(1) In this Part— “Article 8” means Article 8 of the European Convention on Human Rights; “qualifying child” means a person who is under the age of 18 and who- (a) is a British citizen, or (b) has lived in Jersey for a continuous period of seven years or more; “qualifying partner” means a partner who— (a) is a British citizen, or (b) who is settled in Jersey (within the meaning of the Immigration Act 1971 - see section 33(2A) of that Act). (2) In this Part, “foreign criminal” means a person— (a) who is not a British citizen, (b) who has been convicted in Jersey of an offence, and (c) who— (i) has been sentenced to a period of imprisonment of at least 12 months, (ii) has been convicted of an offence that has caused serious harm, or (iii) is a persistent offender. (4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time— (a) do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect); (b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time; (c) include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and (d) include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time. (5) If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it. |
PART 6 — IMMIGRATION PROCEDURE
| Provision of information by traveller |
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| Physical data: compulsory provision. |
| 126.—(1) The States may by Regulations— (a) require an immigration application to be accompanied by specified biometric information; (b) enable an authorised person to require an individual who makes an immigration application to provide biometric information; (c) enable an authorised person to require an entrant to provide biometric information. (2) In subsection (1) “immigration application” means an application for— (a) entry clearance, (b) leave to enter or remain in Jersey, or (c) variation of leave to enter or remain in Jersey. (3) Regulations under subsection (1) may not— (a) impose a requirement in respect of a person to whom section 141 of the Immigration and Asylum Act 1999 (fingerprinting) applies, during the relevant period within the meaning of that section, or (b) enable a requirement to be imposed in respect of a person to whom that section applies, during the relevant period within the meaning of that section. (4) Regulations under subsection (1) may, in particular— (a) require, or enable an authorised person to require, the provision of biometric information in a specified form; (b) require an individual to submit, or enable an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded; (c) make provision about the effect of failure to provide biometric information or to submit to a process (which may, in particular, include provision for an application to be disregarded or dismissed if a requirement is not satisfied); (d) confer a function (which may include the exercise of a discretion) on an authorised person; (e) require an authorised person to have regard to a code (with or without modification); (f) require an authorised person to have regard to such provisions of a code (with or without modification) as may be specified by direction of the Minister; (fa) provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided; (h) make provision which applies generally or only in specified cases or circumstances; (i) make different provision for different cases or circumstances. (6) In so far as Regulations under subsection (1) require an individual under the age of 16 to submit to a process, the Regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children). (7) In so far as Regulations under subsection (1) enable an authorised person to require an individual under the age of 16 to submit to a process, the Regulations must make provision similar to section 141(3) to (5), (12) and (13) of that Act (fingerprints: children). (8A) Section 8 of the UK Borders Act 2007 (power to make Regulations about use and retention of biometric information) applies to biometric information provided in accordance with Regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act. (9) In this section— “authorised person” – (a) has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),and (b) in relation to an immigration application made outside Jersey, includes an authorised person within the meaning of the said section 141(5) as it has effect in the United Kingdom, “biometric information” has the meaning given by section 15 of the UK Borders Act 2007, “code” has the meaning given by section 145(6) of that Act (code of practice), “document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods), “entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (interpretation), “entry clearance” has the meaning given by section 33(1) of that Act, and “the Minister” means the Minister for Home Affairs. |
| Physical data: voluntary provision. |
| 127.—(1) The Minister may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, biometric information to be used (wholly or partly) in connection with entry to Jersey. (2) In particular, the Minister may— (a) require an authorised person to use biometric information supplied under a scheme; (b) make provision about the collection, use and retention of biometric information supplied under a scheme (which may include provision requiring an authorised person to have regard to a code); (c) charge for participation in a scheme. (3) In this section the following expressions have the same meaning as in section 126— (a) “authorised person”, (aa) “biometric information”, (b) “code”, and (c) “the Minister”. |
| Disclosure of information |
| Medical inspectors. |
| 133.—(1) This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (control on entry, &c.) has brought the person to the attention of— (a) a medical inspector appointed under paragraph 1(2) of that Schedule, or (b) a person working under the direction of a medical inspector appointed under that paragraph. (2) A medical inspector may disclose to a health service body— (a) the name of a person to whom this section applies, (b) his place of residence in Jersey, (c) his age, (d) the language which he speaks, (e) the nature of any disease with which the inspector thinks the person may be infected, (f) relevant details of the person’s medical history, (g) the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and (h) the inspector’s opinion about action which the health service body should take. (3) A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of— (a) preventative medicine, (b) medical diagnosis, (c) the provision of care or treatment, or (d) the management of health care services. (4) For the purposes of this section “health service body” in relation to a person means the Health and Social Services Department. |
| Employer. |
| 134.—(1) The Minister may require an employer to supply information about an employee whom the Minister reasonably suspects of having committed an offence under section 24(1)(a), (b), (c), (e) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (illegal entry, deception, &c.). (2) The power under subsection (1) may be exercised to require information about an employee only if the information— (a) is required for the purpose of establishing where the employee is, or (b) relates to the employee’s earnings or to the history of his employment. (3) In this section— (a) a reference to an employer or employee includes a reference to a former employer or employee, and (b) “employment” means employment under a contract of service or apprenticeship, whether or not express, and (if express) whether or not in writing; and “employer” and “employee” shall be construed accordingly. (4) Where— (a) a business (the “employment agency”) arranges for one person (the “worker”) to provide services to another (the “client”), and (b) the worker is not employed by the employment agency or the client, this section shall apply as if the employment agency were the worker’s employer while he provides services to the client. |
| Notice. |
| 136.—(1) A requirement to provide information under section 134 must be imposed by notice in writing specifying— (a) the information, (b) the manner in which it is to be provided, and (c) the period of time within which it is to be provided. (2) A period of time specified in a notice under subsection (1)(c)— (a) must begin with the date of receipt of the notice, and (b) must not be less than ten working days. (3) A person on whom a notice is served under subsection (1) must provide the Minister with the information specified in the notice. (4) Information provided under subsection (3) must be provided— (a) in the manner specified under subsection (1)(b), and (b) within the time specified under subsection (1)(c). (5) In this section “working day” means a day which is not— (a) Saturday, (b) Sunday, (c) Christmas Day, (d) Good Friday, or (e) a day which is a bank holiday under the Public Holidays and Bank Holidays (Jersey) Law 1951. |
| Disclosure of information: offences. |
| 137.—(1) A person commits an offence if without reasonable excuse he fails to comply with section 136(3). (2) A person who is guilty of an offence under subsection (1) shall be liable to— (a) imprisonment for a term not exceeding three months, (b) a fine not exceeding level 3 on the standard scale, or (c) both. |
| Offence by body. |
| 138.—(1) Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence— (a) was committed with the consent or connivance of an officer of the body, or (b) was attributable to neglect on the part of an officer of the body. (2) The officer, as well as the body, shall be guilty of the offence. (3) In this section a reference to an officer of a body corporate includes a reference to— (a) a director, manager or secretary, (b) a person purporting to act as a director, manager or secretary, and (c) if the affairs of the body are managed by its members, a member. (4) Where an offence under section 137 is committed by a partnership (other than a limited partnership), each partner shall be guilty of the offence. (5) Subsection (1) shall have effect in relation to a limited partnership as if— (a) a reference to a body corporate were a reference to a limited partnership, and (b) a reference to an officer of the body were a reference to a partner. |
| Privilege against self-incrimination. |
| 139.—(1) Information provided by a person pursuant to a requirement under section 134 shall not be admissible in evidence in criminal proceedings against that person. (2) This section shall not apply to proceedings for an offence under section 137. |
PART 7 — OFFENCES
| Traffic in prostitution. |
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| 145.—(1) A person commits an offence if he arranges or facilitates the arrival in Jersey of an individual (the “passenger”) and— (a) he intends to exercise control over prostitution by the passenger in Jersey or elsewhere, or (b) he believes that another person is likely to exercise control over prostitution by the passenger in Jersey or elsewhere. (2) A person commits an offence if he arranges or facilitates travel within Jersey by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and— (a) he intends to exercise control over prostitution by the passenger in Jersey or elsewhere, or (b) he believes that another person is likely to exercise control over prostitution by the passenger in Jersey or elsewhere. (3) A person commits an offence if he arranges or facilitates the departure from Jersey of an individual (the “passenger”) and— (a) he intends to exercise control over prostitution by the passenger outside Jersey, or (b) he believes that another person is likely to exercise control over prostitution by the passenger outside Jersey. (4) For the purposes of subsections (1) to (3) a person exercises control over prostitution by another if for purposes of gain he exercises control, direction or influence over the prostitute’s movements in a way which shows that he is aiding, abetting or compelling the prostitution. (5) A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding 14 years, to a fine or to both. |
PART 8 — GENERAL
| Consequential and incidental provision. |
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| 157.—(1) The States may by Regulations make consequential or incidental provision in connection with a provision of this Act. (2) Regulations under this section may, in particular— (a) amend an enactment; (b) modify the effect of an enactment. |
| Applied provision. |
| 159.—(1) Subsection (2) applies where this Act amends or refers to a provision which is applied by, under or for purposes of— (a) another provision of the Act which contains the provision, or (b) another Act. (2) The amendment or reference shall have effect in relation to the provision as applied. (3) Where this Act applies a provision of another Act, a reference to that provision in any enactment includes a reference to the provision as applied by this Act. |
| Short title. |
| 164. This Act may be cited as the Nationality, Immigration and Asylum Act 2002. |
SCHEDULE 6 — Extension and modification of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
| Column 1 Provision | Column 2 Modification |
|---|---|
| Section 1: heading | (No modification) |
| Section 2: heading | For “United Kingdom” substitute “Jersey”. |
| Section 2 | For “the United Kingdom” in each place (except subsections (4)(b) and (5)(b)) substitute “Jersey”. For “Secretary of State” in each place substitute “Minister”. . For subsection (4) substitute subsection (4) set out in Schedule 6A. For subsection (9) substitute subsection (9) set out in Schedule 6A. In subsection (10) for “constable” substitute “police officer”. For subsection (12) substitute subsection (12) set out in Schedule 6A. Omit subsections (15), (16) and (17). |
| Section 4: heading | (No modification) |
| Section 4 | For “the United Kingdom” in each place substitute “Jersey”. In subsection (4) omit paragraph (b). In subsection (5) for paragraphs (a) and (b) substitute “on conviction to imprisonment for a term not exceeding 14 years, to a fine or to both”. |
| Section 8: cross-heading | (No modification) |
| Section 8: heading | (No modification) |
| Section 8 as amended by the 2014 Act Schedule 9(1) paragraph 4 | In subsection (3)(a) for “Secretary of State” substitute “Minister”. In subsection (7) – (a) in the definition of “deciding authority” for paragraphs (b), (c) and (d) substitute paragraphs (b) and (c) set out in Schedule 6A; (b) in the definition of “immigration decision” for “the United Kingdom” in each place substitute “Jersey”; (c) in the definition of “immigration provision” – (i) in paragraph (a) for “, 28C and 28CA” substitute “and 28C”; (ii) in paragraph (d) for “Extradition Act 1989 (c. 33) or 2003 (c. 41)” substitute “Extradition (Jersey) Law 2004”; (d) in the definition of “notified” for “regulations made by the Secretary of State” substitute “Order made by the Minister”; (e) in the definition of “safe country” for “Schedule 3 applies” substitute “Schedule 3 to this Act applies for the time being in the United Kingdom”. In subsection (9) for “other than the United Kingdom made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in the United Kingdom” substitute “or territory other than Jersey made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in Jersey”. Omit subsection (10). For subsection (11) substitute subsections (11) and (11A) set out in Schedule 6A. Omit subsection (13). |
| Section 14: cross-heading | (No modification) |
| Section 14: heading | (No modification) |
| Section 14 | For subsection (2) substitute subsection (2) set out in Schedule 6A. For subsection (4) substitute subsection (4) set out in Schedule 6A. |
| Section 17: heading | (No modification) |
| Section 17 | For “Secretary of State” in both places substitute “Minister”. For “the United Kingdom” substitute “Jersey”. |
| Section 33: cross-heading | (No modification) |
| Section 33: heading | (No modification) |
| Section 33 | In subsection (1) omit “—(1)”. Omit subsections (2) and (3). |
| Section 35: heading | (No modification) |
| Section 35 as amended by the 2014 Act Schedule 2 paragraph 5 | For “Secretary of State” in each place substitute “Minister”. In subsection (1)(b) for “the United Kingdom” substitute “Jersey”. In subsection (2)(d) for “State other than the United Kingdom” substitute “country or territory outside Jersey”. For subsection (4) substitute subsection (4) set out in Schedule 6A. In subsection (5) for “a constable or” substitute “an”. In subsection (7) – (a) in the definition of “travel document” for “the United Kingdom to another State” substitute “Jersey to another country or territory”; (b) for “removal from the United Kingdom” substitute “removal from Jersey”. Omit subsections (8), (9), (10) and (11). |
| Section 45: cross-heading | (No modification) |
| Section 45: heading | Omit “: immigration officer”. |
| Section 45 | For section 45 substitute section 45 set out in Schedule 6A. |
| Section 50: heading | (No modification) |
| Section 50 | (No modification) |
| Schedule 3: heading | (No modification) |
| Schedule 3, paragraph 1 | For sub-paragraph (1) substitute sub-paragraph (1) set out in Schedule 6A. |
| Schedule 3, paragraph 3 | In sub-paragraph (1)(a) for “the United Kingdom” substitute “Jersey”. In sub-paragraph (2) for “this Part” substitute “Part 2 of this Schedule in the UK”. |
| Schedule 3, paragraph 4 | For “the United Kingdom” substitute “Jersey”. For “this Part” substitute “Part 2 of this Schedule in the UK”. For “Secretary of State” substitute “Minister”. |
| Schedule 3, paragraph 7 | For paragraph 7 substitute paragraph 7 set out in Schedule 6A. |
| Schedule 3, paragraph 8 | In sub-paragraph (1) for “the United Kingdom” substitute “Jersey”. In sub-paragraph (2) for “to which this Part applies” substitute “specified by the Secretary of State by order under Part 3 of this Schedule in the UK”. |
| Schedule 3, paragraph 9 | For “the United Kingdom” substitute “Jersey”. For “to which this Part applies” substitute “specified by the Secretary of State by order under Part 3 of this Schedule in the UK”. For “Secretary of State” substitute “Minister”. |
| Schedule 3, paragraph 12 | For paragraph 12 substitute paragraph 12 set out in Schedule 6A. |
| Schedule 3, paragraph 13 | In sub-paragraph (1)(a) for “the United Kingdom” substitute “Jersey”. In sub-paragraph (2) for “to which this Part applies” substitute “specified by the Secretary of State by order under Part 4 of this Schedule in the UK”. |
| Schedule 3, paragraph 14 | For “the United Kingdom” substitute “Jersey”. For “to which this Part applies” substitute “specified by the Secretary of State by order under Part 4 of this Schedule in the UK”. For “Secretary of State” substitute “Minister”. |
| Schedule 3, paragraph 17 | For “This Part” substitute “Paragraph 18”. For “Secretary of State” substitute “Minister”. For “Secretary of State’s” in both paces substitute “Minister’s”. |
| Schedule 3, paragraph 17 | For “Part” substitute “paragraph”. |
SCHEDULE 6A — Provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as extended to Jersey
| Provision as extended to Jersey |
|---|
| Offences |
| Entering Jersey without passport, &c. |
| 2.—(1) A person commits an offence if at a leave or asylum interview he does not have with him an immigration document which— (a) is in force, and (b) satisfactorily establishes his identity and nationality or citizenship. (2) A person commits an offence if at a leave or asylum interview he does not have with him, in respect of any dependent child with whom he claims to be travelling or living, an immigration document which— (a) is in force, and (b) satisfactorily establishes the child’s identity and nationality or citizenship. (3) But a person does not commit an offence under subsection (1) or (2) if— (a) the interview referred to in that subsection takes place after the person has entered Jersey, and (b) within the period of three days beginning with the date of the interview the person provides to an immigration officer or to the Minister a document of the kind referred to in that subsection. (4) It is a defence for a person charged with an offence under subsection (1)— (a) to prove that he is — (i) an Irish citizen, or (ii) has leave to enter or remain in Jersey which was granted by virtue of residence scheme immigration rules, (b) to prove that he has a reasonable excuse for not being in possession of a document of the kind specified in subsection (1), (c) to produce a false immigration document and to prove that he used that document as an immigration document for all purposes in connection with his journey to Jersey, or (d) to prove that he travelled to Jersey without, at any stage since he set out on the journey, having possession of an immigration document. (5) It is a defence for a person charged with an offence under subsection (2) in respect of a child— (a) to prove that the child is — (i) an Irish citizen, or (ii) has leave to enter or remain in Jersey which was granted by virtue of residence scheme immigration rules, (b) to prove that the person has a reasonable excuse for not being in possession of a document of the kind specified in subsection (2), (c) to produce a false immigration document and to prove that it was used as an immigration document for all purposes in connection with the child’s journey to Jersey, or (d) to prove that he travelled to Jersey with the child without, at any stage since he set out on the journey, having possession of an immigration document in respect of the child. (6) Where the charge for an offence under subsection (1) or (2) relates to an interview which takes place after the defendant has entered Jersey— (a) subsections (4)(c) and (5)(c) shall not apply, but (b) it is a defence for the defendant to prove that he has a reasonable excuse for not providing a document in accordance with subsection (3). (7) For the purposes of subsections (4) to (6)— (a) the fact that a document was deliberately destroyed or disposed of is not a reasonable excuse for not being in possession of it or for not providing it in accordance with subsection (3), unless it is shown that the destruction or disposal was— (i) for a reasonable cause, or (ii) beyond the control of the person charged with the offence, and (b) in paragraph (a)(i) “reasonable cause” does not include the purpose of— (i) delaying the handling or resolution of a claim or application or the taking of a decision, (ii) increasing the chances of success of a claim or application, or (iii) complying with instructions or advice given by a person who offers advice about, or facilitates, immigration into Jersey, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice. (8) A person shall be presumed for the purposes of this section not to have a document with him if he fails to produce it to an immigration officer or official of the Minister on request. (9) A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding two years, to a fine or to both. (10) If a police officer or immigration officer reasonably suspects that a person has committed an offence under this section he may arrest the person without warrant. (11) An offence under this section shall be treated as— (a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), and (b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act. (12) In this section— “immigration document” means— (a) a passport, and (b) a document which relates to a national of a State other than the United Kingdom and which is designed to serve the same purpose as a passport, “leave or asylum interview” means an interview with an immigration officer or an official of the Minister at which a person— (a) seeks leave to enter or remain in Jersey, or (b) claims that to remove him from or require him to leave Jersey would breach Jersey’s obligations under the Refugee Convention or would be unlawful under Article 7 of the Human Rights (Jersey) Law 2000 as being incompatible with his Convention rights, and “residence scheme immigration rules” means immigration rules which are identified as having effect in connection with the withdrawal of the United Kingdom from the European Union. (13) For the purposes of this section— (a) a document which purports to be, or is designed to look like, an immigration document, is a false immigration document, and (b) an immigration document is a false immigration document if and in so far as it is used— (i) outside the period for which it is expressed to be valid, (ii) contrary to provision for its use made by the person issuing it, or (iii) by or in respect of a person other than the person to or for whom it was issued. (14) Section 11 of the Immigration Act 1971 shall have effect for the purpose of the construction of a reference in this section to entering Jersey. |
| Trafficking people for exploitation. |
| 4.—(1) A person commits an offence if he arranges or facilitates the arrival in Jersey of an individual (the “passenger”) and— (a) he intends to exploit the passenger in Jersey or elsewhere, or (b) he believes that another person is likely to exploit the passenger in Jersey or elsewhere. (2) A person commits an offence if he arranges or facilitates travel within Jersey by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and— (a) he intends to exploit the passenger in Jersey or elsewhere, or (b) he believes that another person is likely to exploit the passenger in Jersey or elsewhere. (3) A person commits an offence if he arranges or facilitates the departure from Jersey of an individual (the “passenger”) and— (a) he intends to exploit the passenger outside Jersey, or (b) he believes that another person is likely to exploit the passenger outside Jersey. (4) For the purposes of this section a person is exploited if (and only if)— (a) he is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour), (c) he is subjected to force, threats or deception designed to induce him— (i) to provide services of any kind, (ii) to provide another person with benefits of any kind, or (iii) to enable another person to acquire benefits of any kind, or (d) he is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that— (i) he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and (ii) a person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement. (5) A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding 14 years, to a fine or to both. |
| Treatment of claimants |
| Claimant’s credibility. |
| 8.—(1) In determining whether to believe a statement made by or on behalf of a person who makes an asylum claim or a human rights claim, a deciding authority shall take account, as damaging the claimant’s credibility, of any behaviour to which this section applies. (2) This section applies to any behaviour by the claimant that the deciding authority thinks– (a) is designed or likely to conceal information, (b) is designed or likely to mislead, or (c) is designed or likely to obstruct or delay the handling or resolution of the claim or the taking of a decision in relation to the claimant. (3) Without prejudice to the generality of subsection (2) the following kinds of behaviour shall be treated as designed or likely to conceal information or to mislead– (a) failure without reasonable explanation to produce a passport on request to an immigration officer or to the Minister, (b) the production of a document which is not a valid passport as if it were, (c) the destruction, alteration or disposal, in each case without reasonable explanation, of a passport, (d) the destruction, alteration or disposal, in each case without reasonable explanation, of a ticket or other document connected with travel, and (e) failure without reasonable explanation to answer a question asked by a deciding authority. (4) This section also applies to failure by the claimant to take advantage of a reasonable opportunity to make an asylum claim or human rights claim while in a safe country. (5) This section also applies to failure by the claimant to make an asylum claim or human rights claim before being notified of an immigration decision, unless the claim relies wholly on matters arising after the notification. (6) This section also applies to failure by the claimant to make an asylum claim or human rights claim before being arrested under an immigration provision, unless– (a) he had no reasonable opportunity to make the claim before the arrest, or (b) the claim relies wholly on matters arising after the arrest. (7) In this section– “asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (subject to subsection (9) below), “deciding authority” means– (a) an immigration officer, (b) the Minister, or (c) the Royal Court, “human rights claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (subject to subsection (9) below), “immigration decision” means– (a) refusal of leave to enter Jersey, (b) refusal to vary a person’s leave to enter or remain in Jersey, (c) grant of leave to enter or remain in Jersey, (d) a decision that a person is to be removed from Jersey by way of directions under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in Jersey), (e) a decision that a person is to be removed from Jersey by way of directions under paragraphs 8 to 12 of Schedule 2 to the Immigration Act 1971 (control of entry: removal), (f) a decision to make a deportation order under section 5(1) of that Act, and (g) a decision to take action in relation to a person in connection with extradition from Jersey, “immigration provision” means– (a) sections 28A, 28AA, 28B and 28C of the Immigration Act 1971 (immigration offences: enforcement), (b) paragraph 17 of Schedule 2 to that Act (control of entry), (c) section 14 of this Act, and (d) a provision of the Extradition (Jersey) Law 2004, “notified” means notified in such manner as may be specified by Order made by the Minister, “passport” includes a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport, and “safe country” means a country to which Part 2 of Schedule 3 to this Act applies for the time being in the United Kingdom. (8) A passport produced by or on behalf of a person is valid for the purposes of subsection (3)(b) if it– (a) relates to the person by whom or on whose behalf it is produced, (b) has not been altered otherwise than by or with the permission of the authority who issued it, and (c) was not obtained by deception. (9) In subsection (4) a reference to an asylum claim or human rights claim shall be treated as including a reference to a claim of entitlement to remain in a country or territory other than Jersey made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in Jersey. (11) An Order under subsection (7) specifying a manner of notification may make incidental, consequential or transitional provision. (12) This section shall not prevent a deciding authority from determining not to believe a statement on the grounds of behaviour to which this section does not apply. Enforcement powers |
| Immigration officer: power of arrest. |
| 14.—(1) Where an immigration officer in the course of exercising a function under the Immigration Acts forms a reasonable suspicion that a person has committed or attempted to commit an offence listed in subsection (2), he may arrest the person without warrant. (2) Those offences are– (a) the offence of conspiracy at customary law (in relation to conspiracy to defraud), (b) at customary law, any of the following offences– (i) fraud, (ii) conspiracy to defraud, (iii) uttering and fraud, (iv) bigamy, (v) larceny, and (c) an offence under section 4 of this Act. (3) The following provisions of the Immigration Act 1971 shall have effect for the purpose of making, or in connection with, an arrest under this section as they have effect for the purpose of making, or in connection with, arrests for offences under that Act– (a) section 28C (entry and search before arrest), (b) sections 28E and 28F (entry and search after arrest), (c) sections 28G and 28H (search of arrested person), and (d) section 28I (seized material). (4) The States may by Regulations amend subsection (2) and subsection (3). |
| Retention of documents. |
| 17. Where a document comes into the possession of the Minister or an immigration officer in the course of the exercise of an immigration function, the Minister or an immigration officer may retain the document while he suspects that– (a) a person to whom the document relates may be liable to removal from Jersey in accordance with a provision of the Immigration Acts, and (b) retention of the document may facilitate the removal. |
| Removal and detention |
| Removing asylum seeker to safe country. |
| 33. Schedule 3 (which concerns the removal of persons claiming asylum to countries known to protect refugees and to respect human rights) shall have effect. |
| Deportation or removal: cooperation. |
| 35.—(1) The Minister may require a person to take specified action if the Minister thinks that– (a) the action will or may enable a travel document to be obtained by or for the person, and (b) possession of the travel document will facilitate the person’s deportation or removal from Jersey. (2) In particular, the Minister may require a person to– (a) provide information or documents to the Minister or to any other person; (b) obtain information or documents; (c) provide biometric information (within the meaning of section 15 of the UK Borders Act 2007), or submit to a process by means of which such information is obtained or recorded; (d) make, or consent to or cooperate with the making of, an application to a person acting for the government of a country or territory outside Jersey; (e) cooperate with a process designed to enable determination of an application; (f) complete a form accurately and completely; (g) attend an interview and answer questions accurately and completely; (h) make an appointment. (3) A person commits an offence if he fails without reasonable excuse to comply with a requirement of the Minister under subsection (1). (4) A person guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term not exceeding two years, to a fine or to both. (5) If an immigration officer reasonably suspects that a person has committed an offence under subsection (3) he may arrest the person without warrant. (6) An offence under subsection (3) shall be treated as– (a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), and (b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act. (7) In subsection (1)– “travel document” means a passport or other document which is issued by or for Her Majesty’s Government or the government of another State and which enables or facilitates travel from Jersey to another country or territory, and “removal from Jersey” means removal under– (a) Schedule 2 to the Immigration Act 1971 (control on entry) (including a provision of that Schedule as applied by another provision of the Immigration Acts), (b) section 10 of the Immigration and Asylum Act 1999 (removal of person unlawfully in United Kingdom), or (c) Schedule 3 to this Act. |
| General |
| Interpretation. |
| 45. In this Act – “immigration officer” means a person appointed in accordance with the Employment of States of Jersey Employees (Jersey) Law 2005 as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971; “the Minister” means the Minister for Home Affairs. |
| Short title. |
| 50. This Act may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. |
SCHEDULE 3 — REMOVAL OF ASYLUM SEEKER TO SAFE COUNTRY
| 1.—(1) In this Schedule– “asylum claim” means a claim by a person that to remove him from or require him to leave Jersey would breach obligations by which Jersey is bound under the Refugee Convention,“Convention rights” means the rights identified as Convention rights by Article 2 of the Human Rights (Jersey) Law 2000 (whether or not in relation to a State that is a party to the Convention), “human rights claim” means a claim by a person that to remove him from or require him to leave Jersey would be unlawful under Article 7 of the Human Rights (Jersey Law 2000 (public authority not to act contrary to Convention) as being incompatible with his Convention rights, “Part 2 of this Schedule in the UK” means Part 2 of this Schedule as it applies for the time being in the United Kingdom; “Part 3 of this Schedule in the UK” means Part 3 of this Schedule as it applies for the time being in the United Kingdom; “Part 4 of this Schedule in the UK” means Part 4 of this Schedule as it applies for the time being in the United Kingdom; “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol. (2) In this Schedule a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it. |
|---|
| 3.—(1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim may be removed– (a) from Jersey, and (b) to a State of which he is not a national or citizen. (2) A State to which Part 2 of this Schedule in the UK applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place– (a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, (b) from which a person will not be sent to another State in contravention of his Convention rights, and (c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention. |
| 4. Section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed– (a) from Jersey, and (b) to a State to which Part 2 of this Schedule in the UK applies; provided that the Minister certifies that in his opinion the person is not a national or citizen of the State. |
| 7. Paragraphs 8 and 9 apply to such States as the Secretary of State has by order specified under Part 3 of this Schedule in the UK. |
| 8.—(1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed– (a) from Jersey, and (b) to a State of which he is not a national or citizen. (2) A State specified by the Secretary of State by order under Part 3 of this Schedule in the UK shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place– (a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and (b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention. |
| 9. Section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed– (a) from Jersey, and (b) to a State specified by the Secretary of State by order under Part 3 of this Schedule in the UK; provided that the Minister certifies that in his opinion the person is not a national or citizen of the State. |
| 12. Paragraphs 13 and 14 apply to such States as the Secretary of State has by order specified under Part 4 of this Schedule in the UK. |
| 13.—(1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed– (a) from Jersey, and (b) to a State of which he is not a national or citizen. (2) A State specified by the Secretary of State by order under Part 4 of this Schedule in the UK shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place– (a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and (b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention. |
| 14. Section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed– (a) from Jersey, and (b) to a State specified by the Secretary of State by order under Part 4 of this Schedule in the UK; provided that the Minister certifies that in his opinion the person is not a national or citizen of the State. |
| 17. Paragraph 18 applies to a person who has made an asylum claim if the Minister certifies that– (a) it is proposed to remove the person to a specified State, (b) in the Minister’s opinion the person is not a national or citizen of the specified State, and (c) in the Minister’s opinion the specified State is a place– (i) where the person’s life and liberty will not be threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and (ii) from which the person will not be sent to another State otherwise than in accordance with the Refugee Convention. |
| 18. Where this paragraph applies to a person section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent his removal to the State specified under paragraph 17. |
SCHEDULE 7 — Immigration, Asylum and Nationality Act 2006
| Column 1 Provision | Column 2 Modification |
|---|---|
| Section 27: cross-heading only | (No modification) |
| Section 32: heading | (No modification) |
| Section 32 as amended by the 2015 Act Schedule 5(1) paragraph 6 | In subsection (1) for “the United Kingdom” in both places substitute “Jersey”. In subsection (2) – (a) for “constable” substitute “police officer”; (b) for “superintendent” substitute “Chief Inspector”. In subsection (4) – (a) for “constable” substitute “police officer”; (b) for paragraphs (a) and (b) ” substitute “for police purposes”. In subsection (5) – (a) in paragraph (a) for “order of the Secretary of State” substitute “Order of the Minister”; (b) for paragraphs (b) and (c) substitute paragraphs (b) and (c) set out in Schedule 7A. In subsection (7) – (a) for “Secretary of State may make an order” substitute “Minister may make an Order”; (b) for “Human Rights Act 1998 (c. 42)” substitute “Human Rights (Jersey) Law 2000”. For subsection (8) substitute subsection (8) set out in Schedule 7A. |
| Section 32A: heading (see the 2015 Act Schedule 5(1) paragraph 7) | For “Regulations” substitute “Orders”. |
| Section 32A as inserted by the 2015 Act Schedule 5(1) paragraph 7 | In subsection (1) – (a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”; (b) for “the United Kingdom” in both places substitute “Jersey”. For subsection (3) substitute subsection (3) set out in Schedule 7A. In subsection (4) – (a) for “The regulations” substitute “An Order under this section”; (b) in paragraph (a) for “they apply” substitute “the Order applies”. In subsection (5) – (a) for “The regulations” substitute “An Order under this section”; (b) for “Secretary of State” substitute “Minister”. For subsection (6) substitute subsection (6) set out in Schedule 7A. |
| Section 32B: heading (see the 2015 Act Schedule 5(1) paragraph 7) | (No modification) |
| Section 32B as inserted by the 2015 Act Schedule 5(1) paragraph 7. | In subsection (1) – (a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”; (b) in paragraph (b) for “regulations made under section 32A (regulations” substitute “an Order made under section 32A (Orders”. In subsection (2) – (a) for “Regulations” substitute “An Order”; (b) for “regulations” substitute “Order”. In subsection (3) for “regulations” in both places substitute “Order”. In subsection (4) – (a) for “The regulations” substitute “The Order”; (b) for “by regulations” substitute “by an Order”; (c) in paragraph (c) for “under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made” substitute “by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made by the Minister”. For subsections (5) and (6) substitute subsection (5) set out in Schedule 7A. |
| Section 33: heading | (No modification) |
| Section 33 | For “the United Kingdom” in each place substitute “Jersey”. In subsection (2) for “constable of the rank of superintendent” substitute “police officer of the rank of Chief Inspector”. For subsections (4) and (5) substitute subsections (4) and (5) set out in Schedule 7A. For subsections (7) and (8) substitute subsections (7) and (8) set out in Schedule 7A. |
| Section 34: heading | (No modification) |
| Section 34 as amended by the 2015 Act Schedule 5(1) paragraph 8(2), (3) and (4) | In subsection (1)(b) for “regulations” substitute “an Order”. In subsection (1A) for “regulations” in both places substitute “an Order”. Omit subsection (2). In subsection (3) – (a) omit “summary”; (b) in paragraph (a) for “51 weeks in England and Wales or 6 months in Scotland or Northern Ireland” substitute “6 months”; (c) in paragraph (b) for “level 4” substitute “level 3”. Omit subsection (4). |
| Section 39: heading | (No modification) |
| Section 39 | In subsection (1) – (a) for “A chief officer of police” substitute “The Chief Officer of the States of Jersey Police Force”; (b) for “the States of Jersey police force” substitute “a police force of the United Kingdom”. For subsection (2) – (a) for “outside the United Kingdom” substitute “outside Jersey”; (b) after “in the United Kingdom” insert “and Islands”; (c) for “Serious Organised Crime Agency” substitute “National Crime Agency”. Omit subsection (3). |
| Section 40: heading | (No modification) |
| Section 40 | For “Secretary of State” in each place substitute “Minister”. For “constable” and “constables” in each place substitute “police officer” and “police officers” respectively. In subsection (4) for “Commissioners for Her Majesty’s Revenue and Customs, authorise a specified class of officers of Revenue and Customs” substitute “Agent of the Impôts, authorise a specified class of officer of the Impôts”. In subsection (5) for “Revenue and Customs” substitute “the Impôts”. In subsection (6) – (a) in paragraph (b) for “Commissioners for Her Majesty’s Revenue and Customs for the exercise by authorised officers of Revenue and Customs” substitute “Agent of the Impôts for the exercise by authorised officers of the Impôts”; (b) in paragraph (c ) for “Revenue and Customs” substitute “the Impôts”. In subsection (8) for paragraph (b) substitute paragraph (b) set out in Schedule 7A. |
| Section 41: heading | (No modification) |
| Section 41 | For subsection (1) substitute subsection (1) set out in Schedule 7A. In subsection (2) for “constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts or of a class of police officer or officer of the Impôts”. In subsection (3) – (a) for “constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts”; (b) for “Secretary of State” substitute “Minister”. In subsection (7) for “constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts”. In subsection (8) – (a) omit “summary”; (b) in paragraph (a) for “51 weeks in England and Wales or six months in Scotland or Northern Ireland” substitute “twelve months”; (c) in paragraph (b) for “level 5” substitute “level 3”. Omit subsection (9). |
| Section 43: cross heading | (No modification) |
| Section 50: heading | (No modification) |
| Section 50 | In subsection (2) for “Secretary of State” substitute “Minister”. Omit subsections (3), (4), (5) and (6). |
| Section 53: cross heading | (No modification) |
| Section 54: heading | (No modification) |
| Section 54 | In subsection (2) for the definition of “terrorism” substitute the definition of “terrorism” set out in Schedule 7A. |
| Section 60: cross heading | (No modification) |
| Section 60: heading | For the heading substitute the heading set out in Schedule 7A. |
| Section 60 | For section 60 substitute section 60 set out in Schedule 7A. |
| Section 64: heading | (No modification) |
| Section 64 | In subsection (1) omit “—(1)”. Omit subsections (2), (3) and (4). |
SCHEDULE 7A — Provisions of the Immigration, Asylum and Nationality Act 2006 as extended to Jersey
| Provision as extended to Jersey |
|---|
| Information |
| Passenger and crew information: police powers. |
| 32.—(1) This section applies to ships and aircraft which are– (a) arriving, or expected to arrive, in Jersey, or (b) leaving, or expected to leave, Jersey. (2) The owner or agent of a ship or aircraft shall comply with any requirement imposed by a police officer of the rank of Chief Inspector or above to provide passenger or service information. (3) A passenger or member of crew shall provide to the owner or agent of a ship or aircraft any information that he requires for the purpose of complying with a requirement imposed by virtue of subsection (2). (4) A police officer may impose a requirement under subsection (2) only if he thinks it necessary for police purposes. (5) In this section– (a) “passenger or service information” means information which is of a kind specified by Order of the Minister and which relates to– (i) passengers, (ii) members of crew, or (iii) a voyage or flight, (b) “police purposes” means any of the following – (i) the prevention, detection, investigation or prosecution of criminal offences, (ii) safeguarding national security, (iii) such other purposes as may be specified by Order of the Minister, and (c) “ship” includes – (i) every description of vessel used in navigation, and (ii) hovercraft. (6) A requirement imposed under subsection (2)– (a) must be in writing, (b) may apply generally or only to one or more specified ships or aircraft, (c) must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect, (d) must state– (i) the information required, and (ii) the date or time by which it is to be provided, (e) may include a requirement for the owner or agent of a ship or aircraft to be able to receive, in a specified form and manner, communications relating to the information. (7) The Minister may make an Order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights (Jersey) Law 2000). (8) An Order under subsection (5)(a)– (a) may apply generally or only to specified cases or circumstances, (b) may make different provision for different cases or circumstances, and (c) may specify the form and manner in which information is to be provided. |
| Orders requiring information to be provided to police. |
| 32A.—(1) The Minister may make provision by Order requiring responsible persons in relation to ships or aircraft— (a) which have arrived, or are expected to arrive, in Jersey, or (b) which have left, or are expected to leave, Jersey, to provide information to the police. (2) The following information may be required under subsection (1)— (a) information about the persons on board; (b) information about the voyage or flight. (3) An Order under this section may impose a requirement to provide the information only if the Minister thinks it necessary for police purposes. In this subsection “police purposes” has the same meaning as in section 32. (4) An Order under this section must— (a) specify or describe the classes of ships or aircraft to which the Order applies; (b) specify the information required to be provided; (c) specify the time by which the information must be provided; (d) specify the form and manner in which the information must be provided. (5) An Order under this section may require responsible persons to be able to receive, in a specified form and manner, communications sent by the police, the Minister or an immigration officer relating to the information. (6) An Order under this section— (a) may apply generally or only to specified cases or circumstances, (b) may make different provision for different cases or circumstances. (7) For the purposes of this section, the following are responsible persons in respect of a ship or aircraft— (a) the owner or agent, and (b) the captain. |
| Penalty for breach of section 32 or 32A. |
| 32B.—(1) The Minister may make provision by Order imposing penalties for failure to comply with a requirement imposed— (a) under section 32(2) (provision of passenger, crew or service information), or (b) by an Order made under section 32A (Orders requiring information to be provided to police). (2) An Order under subsection (1) may in particular make provision— (a) about how a penalty is to be calculated; (b) about the procedure for imposing a penalty; (c) about the enforcement of penalties; (d) allowing for an appeal against a decision to impose a penalty; and the Order may make different provision for different purposes. (3) Provision in the Order about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (4) The Order must provide that no penalty may be imposed on a person for failure to comply with a requirement imposed under section 32(2) or by an Order made under section 32A where— (a) proceedings have been instituted against the person under section 34 in respect of the same failure, or (b) the failure consists of a failure to provide information that the person has also been required to provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and— (i) a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under paragraph 27BB of that Schedule, or (ii) proceedings have been instituted against the person under section 27 of that Act in respect of a failure to provide that information, or (c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made by the Minister under section 24 of that Act. (5) Any penalty paid by virtue of this section must be paid to the Treasurer of the States and credited to the Annual Income of the States. |
| Freight information: police powers. |
| 33.—(1) This section applies to ships, aircraft and vehicles which are– (a) arriving, or expected to arrive, in Jersey, or (b) leaving, or expected to leave, Jersey. (2) If a police officer of the rank of Chief Inspector or above requires a person specified in subsection (3) to provide freight information he shall comply with the requirement. (3) The persons referred to in subsection (2) are– (a) in the case of a ship or aircraft, the owner or agent, (b) in the case of a vehicle, the owner or hirer, and (c) in any case, persons responsible for the import or export of the freight into or from Jersey. (4) A police officer may impose a requirement under subsection (2) only if he thinks it necessary for police purposes. (5) In this section– (a) “freight information” means information which is of a kind specified by Order of the Minister and which relates to freight carried, and (b) “police purposes” means any of the following— (i) the prevention, detection, investigation or prosecution of criminal offences; (ii) safeguarding national security; (iii) such other purposes as may be specified by Order of the Minister. (6) A requirement imposed under subsection (2)– (a) must be in writing, (b) may apply generally or only to one or more specified ships, aircraft or vehicles, (c) must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect, and (d) must state– (i) the information required, and (ii) the date or time by which it is to be provided. (7) The Minister may make an Order specifying a kind of information under subsection (5) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights (Jersey) Law 2000). (8) An Order under subsection (5)– (a) may apply generally or only to specified cases or circumstances, (b) may make different provision for different cases or circumstances, (c) may specify the form and manner in which the information is to be provided. |
| Offence. |
| 34.—(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed— (a) under section 32(2) or (3) , or 33(2) (b) by an Order made under section 32A. (1A) Proceedings may not be instituted against a person under subsection (1) for a failure to comply with a requirement imposed under section 32(2) or by an Order made under section 32A where— (a) the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of an Order made under— (i) section 32B, (ii) paragraph 27BB of Schedule 2 to the Immigration Act 1971, or (iii) section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or (b) proceedings have been instituted against the person under section 27 of the Immigration Act 1971 in respect of a failure to provide the same information. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to– (a) imprisonment for a term not exceeding 6 months, (b) a fine not exceeding level 3 on the standard scale, or (c) both. |
| Disclosure to law enforcement agencies. |
| 39.—(1) The Chief Officer of the States of Jersey Police Force may disclose information obtained in accordance with section 32 or 33 to– (a) a police force of the United Kingdom; (b) the salaried police force of the Island of Guernsey; (c) the Isle of Man constabulary; (d) any other foreign law enforcement agency. (2) In subsection (1) “foreign law enforcement agency” means a person outside Jersey with functions similar to functions of– (a) a police force in the United Kingdom and Islands, or (b) the National Crime Agency. |
| Searches: contracting out. |
| 40.—(1) An authorised person may, in accordance with arrangements made under this section, search a searchable ship, aircraft, vehicle or other thing for the purpose of satisfying himself whether there are individuals whom an immigration officer might wish to examine under paragraph 2 of Schedule 2 to the Immigration Act 1971 (control of entry: administrative provisions). (2) For the purposes of subsection (1)– (a) “authorised” means authorised for the purpose of this section by the Minister, and (b) a ship, aircraft, vehicle or other thing is “searchable” if an immigration officer could search it under paragraph 1(5) of that Schedule. (3) The Minister may authorise a specified class of police officer for the purpose of this section. (4) The Minister may, with the consent of the Agent of the Impôts, authorise a specified class of officer of the Impôts for the purpose of this section. (5) The Minister may authorise a person other than a police officer or officer of the Impôts for the purpose of this section only if– (a) the person applies to be authorised, and (b) the Minister thinks that the person is– (i) fit and proper for the purpose, and (ii) suitably trained. (6) The Minister– (a) may make arrangements for the exercise by authorised police officers of the powers under subsection (1), (b) may make arrangements with the Agent of the Impôts for the exercise by authorised officers of the Impôts of the powers under subsection (1), and (c) may make arrangements with one or more persons for the exercise by authorised persons other than police officers and officers of the Impôts of the power under subsection (1). (7) Where in the course of a search under this section an authorised person discovers an individual whom he thinks an immigration officer might wish to examine under paragraph 2 of that Schedule, the authorised person may– (a) search the individual for the purpose of discovering whether he has with him anything of a kind that might be used– (i) by him to cause physical harm to himself or another, (ii) by him to assist his escape from detention, or (iii) to establish information about his identity, nationality or citizenship or about his journey; (b) retain, and as soon as is reasonably practicable deliver to an immigration officer, anything of a kind described in paragraph (a) found on a search under that paragraph; (c) detain the individual, for a period which is as short as is reasonably necessary and which does not exceed three hours, pending the arrival of an immigration officer to whom the individual is to be delivered; (d) take the individual, as speedily as is reasonably practicable, to a place for the purpose of delivering him to an immigration officer there; (e) use reasonable force for the purpose of doing anything under paragraphs (a) to (d). (8) Despite the generality of subsection (7)– (a) an individual searched under that subsection may not be required to remove clothing other than an outer coat, a jacket or a glove (but he may be required to open his mouth), and (b) an item may not be retained under subsection (7)(b) if it is subject to legal privilege within the meaning the Police Procedures and Criminal Evidence (Jersey) Law 2003. |
| Section 40: supplemental. |
| 41.—(1) Arrangements under section 40(6)(c) must include provision for the appointment of a States’ employee (within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005) to– (a) monitor the exercise of powers under that section by authorised persons (other than police officers or officers of the Impôts), (b) inspect from time to time the way in which the powers are being exercised by authorised persons (other than police officers or officers of the Impôts), and (c) investigate and report to the Minister about any allegation made against an authorised person (other than a police officer or officer of the Impôts) in respect of anything done or not done in the purported exercise of a power under that section. (2) The authorisation for the purpose of section 40 of a police officer or officer of the Impôts or of a class of police officer or officer of the Impôts– (a) may be revoked, and (b) shall have effect, unless revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation. (3) The authorisation of a person other than a police officer or officer of the Impôts for the purpose of section 40– (a) may be subject to conditions, (b) may be suspended or revoked by the Minister by notice in writing to the authorised person, and (c) shall have effect, unless suspended or revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation. (4) A class may be specified for the purposes of section 40(3) or (4) by reference to– (a) named individuals, (b) the functions being exercised by a person, (c) the location or circumstances in which a person is exercising functions, or (d) any other matter. (5) An individual or article delivered to an immigration officer under section 40 shall be treated as if discovered by the immigration officer on a search under Schedule 2 to the Immigration Act 1971. (6) A person commits an offence if he– (a) absconds from detention under section 40(7)(c), (b) absconds while being taken to a place under section 40(7)(d) or having been taken to a place in accordance with that paragraph but before being delivered to an immigration officer, (c) obstructs an authorised person in the exercise of a power under section 40, or (d) assaults an authorised person who is exercising a power under section 40. (7) But a person does not commit an offence under subsection (6) by doing or failing to do anything in respect of an authorised person who is not readily identifiable– (a) as a police officer or officer of the Impôts, or (b) as an authorised person (whether by means of a uniform or badge or otherwise). (8) A person guilty of an offence under subsection (6) shall be liable on conviction to– (a) imprisonment for a term not exceeding twelve months, (b) a fine not exceeding level 3 on the standard scale, or (c) both. |
| Claimants and applicants |
| Procedure. |
| 50.—(1) Rules under section 3 of the Immigration Act 1971– (a) may require a specified procedure to be followed in making or pursuing an application or claim (whether or not under those rules or any other enactment), (b) may, in particular, require the use of a specified form and the submission of specified information or documents, (c) may make provision about the manner in which a fee is to be paid, and (d) may make provision for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c). (2) n respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Minister– (a) may require the use of a specified form, (b) may require the submission of specified information or documents, and (c) may direct the manner in which a fee is to be paid; and the rules referred to in subsection (1) may provide for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c). |
| Miscellaneous |
| Refugee Convention: construction. |
| 54.—(1) In the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including, in particular– (a) acts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence), and (b) acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence). (2) In this section– “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and “terrorism” has the meaning given by Article 2 of the Terrorism (Jersey) Law 2002. |
| General |
| Interpretation. |
| 60. In this Act “the Minister” means the Minister for Home Affairs. |
| Citation. |
| 64. This Act may be cited as the Immigration, Asylum and Nationality Act 2006. |
SCHEDULE 8 — UK Borders Act 2007
| Column 1 Provision | Column 2 Modification |
|---|---|
| Section 1: cross heading | (No modification) |
| Section 1: heading | (No modification) |
| Section 1 | For “Secretary of State” in each place substitute “Minister”. |
| Section 2: heading | (No modification) |
| Section 2 | In subsection (1) – (a) omit “in England, Wales or Northern Ireland”; (b) for paragraph (a) substitute paragraph (a) set out in Schedule 8A. In subsection (2) for “constable” in each place substitute “police officer”. Omit subsection (6). |
| Section 3: heading | (No modification) |
| Section 3 | For subsection (2) substitute subsection (2) set out in Schedule 8A. Omit subsections (3), (4) and (5). |
| Section 4: heading | (No modification) |
| Section 2 | In subsection (1) omit “and a hoverport”. |
| Section 5: cross-heading | (No modification) |
| Section 5: heading | For “regulations” substitute “Regulations”. |
| Section 5 | In subsection (1) for “Secretary of State may make regulations” substitute “States may make Regulations”. In subsections (2) to (10) – (a) for “regulations” in each place substitute “Regulations”; (b) for “Secretary of State” in each place substitute “Minister”; (c) for “the United Kingdom” in each place substitute “Jersey”. In subsection (5)(d) for “Secretary of State’s” substitute “Minister’s”. In subsection (6) omit “; and section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement to produce ID card) is subject to this subsection”. |
| Section 6: heading | (No modification) |
| Section 6 | For “regulations” in each place substitute “Regulations”. In subsection (5) for “Secretary of State’s” substitute “Minister’s”. In subsection (6) – (a) at the end of paragraph (b) add “and”; (b) omit paragraphs (d) and (e). |
| Section 7: heading | (No modification) |
| Section 7 as amended by the 2014 Act s.11 | For “regulations” in each place substitute “Regulations”. In subsection (2)(c) for “the United Kingdom” substitute “Jersey”. For “Secretary of State” in each place substitute “Minister”. |
| Section 8: heading (see the 2014 Act s.14(1)) | (No modification) |
| Section 8 as substituted by the 2014 Act s.14(1) | For “regulations” in each place substitute “Regulations”. In subsection (1) – (a) for “Secretary of State must” substitute “States must”; (b) for “Secretary of State of” substitute “Minister of”. In subsection (2) for “Secretary of State” substitute “Minister”. In subsections (3)(b), (5) and (6) for “Secretary of State” in each place substitute “Minister”. In subsection (5)(b) for “the United Kingdom” substitute “Jersey”. |
| Section 9: heading | (No modification) |
| Section 9 | In subsections (1) and (2) for “Secretary of State” in each place substitute “Minister”; In subsections (1), (2)(d) and (5) for “regulations” substitute “Regulations”. For subsection (6) substitute subsection (6) set out in Schedule 8A. |
| Section 10: heading | (No modification) |
| Section 10 | For “Secretary of State” in each place substitute “Minister”. In subsection (1)(a) for “regulations” substitute “Regulations”. |
| Section 11: heading | (No modification) |
| Section 11 | In subsection (1) for paragraphs (a) and (b) substitute “the Petty Debts Court”. In subsection (2)(a) for “regulations” substitute “Regulations”. In subsection (3) – (a) for “The court of sheriff may” substitute “the Petty Debts Court may”; (b) for “court or sheriff” in both places substitute “Court”. In subsection (4)(b) for “Secretary of State’s” substitute “Minister’s”. In subsection (5) for “court or sheriff may consider matters of which the Secretary of State” substitute “Petty Debts Court may consider matters of which the Minister”. |
| Section 12: heading | (No modification) |
| Section 12 | For “Secretary of State” in each place substitute “Minister”. In subsection (5) for “be paid into the Consolidated Fund” substitute “form part of the annual income of the States”. |
| Section 13: heading | (No modification) |
| Section 13 | For “Secretary of State” in each place substitute “Minister”. In subsection (3) for “A court or the sheriff” substitute “The Petty Debts Court”. In subsection (5) – (a) at the end of paragraph (a) add “and”; (b) at the end of paragraph (b) omit “and”; (c) omit paragraph (c). |
| Section 14: heading | (No modification) |
| Section 14 | In subsection (1) for “Secretary of State by order” substitute “Minister by Order”. In subsection (2) – (a) at the end of paragraph (a) add “and”; Omit paragraphs (c) and (d). Omit subsection (3). |
| Section 15: heading | (No modification) |
| Section 15 as amended by the 2014 Act s.12(2) and (3) and Schedule 9(11) paragraph 75 | In subsection (1) – (a) in paragraph (a) for “the United Kingdom” substitute “Jersey”; (b) after paragraph (a) insert paragraph (b) set out in Schedule 8A; (c) in paragraph (g) – (i) for “regulations” substitute “Regulations or an Order”; (ii) for “Secretary of State” in both places substitute “Minister”. In subsection (1A)(b) for “an order made by the Secretary of State” substitute “Regulations made by the States”. In subsection (1B) for “An order” substitute “Regulations”. In subsection (1C) – for “an order” substitute “Regulations”; for “regulations” substitute “Regulations”. In subsection (2)(b) for “section 68” substitute “sections 67A and 68”. |
| Section 22: cross-heading | (No modification) |
| Section 22: heading | (No modification) |
| Section 22 | In subsection (2) – (a) in paragraph (a) for “51 Weeks” substitute “12 months”; (b) in paragraph (b) for “level 5” substitute “level 3”. Omit subsections (3), (4) and (5). |
| Section 23: heading | (No modification) |
| Section 23 | (No modification) |
| Section 26: heading | (No modification) |
| Section 26 | In subsection (1)(b) for “Secretary of State” substitute “Minister”. In subsection (2) – (a) for “A magistrates’ court may, on the application of the Secretary of State” substitute “The Magistrate’s Court may, on the application of the Minister”; (b) in paragraph (a) for “court” substitute “Court”. In subsection (4)(b) for “Secretary of State) satisfies the court” substitute “Minister) satisfies the Court”. In subsection (5) – (a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”; (b) in paragraph (c) for “a court has declined to make an order under subsection (2) on the grounds that the court” substitute “the Court has declined to make an order under subsection (2) on the grounds that the Court”. For subsection (6) substitute subsection (6) set out in Schedule 8A. Omit subsection (8). |
| Section 43A (see the 2017 Act section 159) | (No modification) |
| Section 43A as inserted by the 2017 Act s.159 | For “constable” in each place substitute “police officer”. |
| Section 43B (see the 2017 Act s.159) | (No modification) |
| Section 43B as inserted by the 2017 Act s.159 | In subsection (3) for paragraphs (a) and (b) substitute “to either or both of the following— (a) imprisonment for a term not exceeding 12 months; (b) a fine”. |
| Section 44: heading | (No modification) |
| Section 44 | For “constable” in each place substitute “police officer”. In subsection (5) for “the United Kingdom” in both places substitute “Jersey”. |
| Section 45: heading | (No modification) |
| Section 45 as amended by the 2016 Act Schedule 8 paragraph 7(2)(a) and (b), (3), (4) and (5) | In subsection (2) – (a) for “constable, a justice of the peace” substitute “police officer, the Bailiff”; (b) for “justice of the peace may issue a warrant authorising an immigration officer or constable” substitute “Bailiff may issue a warrant authorising an immigration officer or police officer”. In subsection (2B) for “justice of the peace” substitute “Bailiff”. In subsection (2C) for “justice” substitute “Bailiff”. In subsection (3)(d) for “constable” substitute “police officer”. Omit subsections (3A) and (5). |
| Section 46: heading | (No modification) |
| Section 46 | For “constable” in each place substitute “police officer”. In subsection (2) for paragraphs (a) and (b) substitute “is subject to legal professional privilege”. In subsection (3) – (a) for “the officer” substitute “the immigration officer”; (b) in paragraph (a) for “the United Kingdom” substitute “Jersey”. For subsection (5) substitute subsection (5) set out in Schedule 8A. |
| Section 46A: heading (see the 2017 Act s.160) | (No modification) |
| Section 46A as inserted by the 2017 Act s.160 | In subsections (2) and (3) for “constable” in place substitute “police officer”. In subsection (7((b) after “the United Kingdom” insert “and Islands”. |
| Section 46B: heading (see the 2017 Act s.160) | (No modification) |
| Section 46B as inserted by the 2017 Act s.160 | In subsection (1) – (a) for “constable” in place substitute “police officer”; (b) in paragraph (a) for “the United Kingdom” substitute “Jersey”. For subsection (3) substitute subsection (3) set out in Schedule 8A. |
| Section 46C: heading (see the 2017 Act s.160) | (No modification) |
| Section 46C as inserted by the 2017 Act s.160 | In subsection (3)(c) for “the United Kingdom” substitute “Jersey”. In subsection (4) for paragraphs (a), (b) and (c) substitute on conviction, to either or both of the following— (a) imprisonment for a term not exceeding 12 months; (b) “a fine”. |
| Section 61: heading | (No modification) |
| Section 61 | Omit subsection (2). |
SCHEDULE 8A — Provisions of the UK Borders Act 2007 as extended to Jersey
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