Jamaica: Immigration Restriction (Commonwealth Citizens) Act of 1945

4. Prohibited immigrants

(a)any person who is likely if he entered the Island to become a charge on public funds by reason of infirmity of body or mind or of ill-health or who is not in possession of sufficient means to support himself and such of his dependants as he shall bring with him to the Island;

(f)the children under the age of sixteen years being dependants of a prohibited immigrant;

(g)any member of a class of persons deemed by the Minister on economic grounds or on account of standard or habit of life to be undesirable immigrants and so declared by order published in the Gazette;

(h)any person who, from information or advice which in the opinion of the Minister is reliable information or advice, is deemed by the Minister to be an undesirable inhabitant of or visitor to the Island;

(j)any person who is the subject of a deportation order in force under the Deportation (Commonwealth Citizens) Act.

10. Postponement of decision

(a)grant leave for an immigrant to land without prejudice to the question whether he is a prohibited immigrant;

(b)for the purpose of making further enquiry, postpone deciding whether a Commonwealth citizen is a prohibited immigrant for a period not exceeding sixty days.

12. Leave for prohibited immigrant to remain in Island

18. Prohibition on entry of prohibited immigrant

19. Order for immigrant to leave

(a)order him to leave the Island and proceed immediately in the same vessel in which he arrived or in a vessel of the same owners or agents;

(b)order him to leave the Island within sixty days of his entering the Island and, if the immigration officer thinks fit, by a specified vessel; or

(c)cause him to be arrested and brought before a Resident Magistrate with a view to an order being made for his removal.

20. Notice to prohibited immigrant and master of vessel

25. Revocation of leave

(2)Where such leave is revoked, the immigrant may be arrested and brought before a Resident Magistrate to be dealt with for any infringement of this Act in respect of which he may be charged: Provided that the Resident Magistrate may, if the leave was not revoked by, or by the direction of the Minister, order the leave to be restored and the immigrant to be released.

26. Removal orders

(a)if he entered the Island in accordance with leave granted under section 10, 11, 12, 13 or 14, within six months of the expiry of the period limited by any condition attached to the grant of such leave;

(b)in other cases, within six months of his arrival in the Island.

(2)The Minister may by order declare a Commonwealth citizen who is not a citizen of Jamaica to be an undesirable person where -

(a)he is satisfied that such person is or has been conducting himself so as to be dangerous to the peace, order and good government of Jamaica; or

(b)on other grounds, he considers it in the public interest that an order should be made in relation to such person; and notwithstanding anything to the contrary in this or any other enactment such person shall thereupon be a prohibited immigrant and the Minister may in the order aforesaid or, as the case may require, a subsequent order direct that he be removed from the Island and in the meantime be detained in custody:

Provided that where an order has been made pursuant to paragraph (b) and the Commonwealth citizen declared an undesirable person has been ordinarily resident in the Island continuously for a period of five years or more immediately prior to the making of the order -

(i)such person shall have a right to make objection to the advisory tribunal established under section 27 against any direction aforesaid that he be removed from the Island; but such objection, if any, shall be made in writing within two weeks of the notification referred to in paragraph (ii) and shall specify the grounds of objection and a copy thereof shall be delivered to the Minister within the period aforesaid;

(ii)the Minister shall so soon as may be practicable after directing the removal of such person from the Island notify him in writing accordingly and inform him as to the grounds on which the order was made and of his right to make objection against the direction to the advisory tribunal; and

(iii)if pursuant to paragraph (1) objection has been made by a person to the advisory tribunal, the order directing the removal of such person from the Island shall not be executed until the Minister has received and considered the report of the advisory tribunal in the matter.

(3)The question of the validity of any order made by the Minister under subsection (2) shall not be enquired into in any court.

(4)An immigrant who is ordered to be removed from the Island shall, with the approval of the Minister, be removed -

(a)to the place whence he came, or to any place to which he consents to be removed; or

(b)to a place in some part of the Commonwealth to which he belongs.

(5)Where an immigrant who is ordered to be removed is serving a sentence of imprisonment, the Minister may give directions as to whether the whole or what part of the sentence is to be served before removal. In default of such directions, the immigrant shall be removed after completion of the sentence.

(6)An immigrant ordered to be removed may be placed on board a suitable vessel by any constable or immigration officer, and may be lawfully detained in custody on board until the vessel finally leaves the Island.

29. Warrant to convey prohibited immigrant back on vessel