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Immigration (Amendment) Act 1983

REPUBLIC OF KIRIBATI
(No. 11 of 1983)

I assent,

I. Tabai
Beretitenti
12/8/1983

AN ACT TO AMEND THE IMMIGRATION ORDINANCE (CAP 41)

Commencement: 15/8/1983

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short Title

1. This Act may be cited as the Immigration (Amendment) Act, 1983.

Amends section 14 of Cap. 41

2. Section 14(1) of the Immigration Ordinance is amended—

(a) by repealing the words "has been convicted of the offence of being unlawfully present" and substituting the words "is unlawfully present";

(b) by repealing the words and figures "14 days or such longer period" and substituting the words "such period".

(c) by adding the following subsection -

"(8) The making of a removal order by the Minister shall not be subject to hearing, review or appeal by any person, court or tribunal".

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IMMIGRATION (AMENDMENT) ACT 1983

EXPLANATORY MEMORANDUM

Certain difficulties have in practice arisen with the workings of the Immigration Ordinance i.e. the power to deport an undesirable alien. The Ordinance was drafted very much in favour of such an alien, as a removal order could only be made by the Minister against a person convicted (i.e. by a court of law) of the offence of being unlawfully present in Kiribati. The Ordinance laid down a set of appeal procedures for such a person, enabling him to achieve, if he so wished, substantial delay.

The object of the amending Act is to restore to the Minister the discretion whether to make a removal order. The amending Act also provides that such an order shall be non-justiciable i.e. it cannot be reviewed by any person or Court. It should be read in conjunction with the Deportation Ordinance as proposed to be amended.

The Immigration (Amendment) Act amends Cap. 41 (Section 14) so as to remove the requirement that an alien must be convicted before a removal order is made, and provides that a removal order may be made if the person is unlawfully present.

R.L. Davey

Attorney General