C484
IMMIGRATION (AMENDMENT) (NO. 2) BILL
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make a removal order, with one exception. The exception is that the power to make a removal order against a person who is an immigrant of less than 3 years residence remains with the Clause 4 also adds a new subsection (5) to section 19, under which a person who is the subject of an order made by the Director or Deputy Director must be given written notice of the grounds on which the order was made and of the time within which he may appeal. Clauses 5 and 10 make amendments which are consequential upon the redrafting of section 19.
12. Clause 6 makes amendments which are also in part consequential upon the redrafting of section 19. As amended by this clause, section 32 will empower the Director or Deputy Director of Immigration to authorize the detention for up to 7 days of a person whose removal may be ordered by the Director or his Deputy; for any period of detention greater than 7 days (and up to a maximum provided in subsection (2A)) the authority of the Secretary for Security will be required.
13. Clause 8, in conjunction with clause 9, replaces, in the case of removal orders made by the Director or Deputy Director of Immigration, the right of objection which a person would enjoy under section 53, with an appeal to an Immigration Tribunal consisting of adjudicators appointed by the Governor under section 53F. The grounds of, and time limit for, such an appeal are laid down in new section 53A; groundless appeals may be dismissed without a hearing under new section 53C; the jurisdiction of the Tribunal to allow or dismiss appeals is contained in new section 53D; and the procedure of the Tribunal is to be prescribed under section 53G.
14. By new section 53B a person may not be removed pursuant to a removal order until the time limited for an appeal has passed or until he abandons any appeal or it is dismissed.
False documents, etc.
15. Clause amends section 42 of the principal Ordinance so as- (a) to increase the fines that may be imposed for offences relating to
various forged or false immigration documents; and
(b) to include additional immigration documents amongst those which
may be the subject of a prosecution under section 42.
Financial and Staffing Implications
16. A direct and immediate result of this Bill will be a heavy short- term burden upon the staff of the Immigration Department in handling applications for identity cards. To some extent this will be offset by the fact that identity cards will cease to be issued to newly-arrived illegal immigrants, but the demands on the resources of the Commissioner of Registration will for an indefinite period be greater than formerly. Examination of persons suspected to be illegal immigrants will require the redeployment of existing staff in the Immigration Department from other duties until such time as a longer term assessment can be made of the staffing implications of conducting such examinations.
17. A number of adjudicators will be appointed and will require support staff.
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