Immigration Act 1999

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3. Administration of this Act
4. Restricted areas
5. Powers of immigration officers

6. Arrival reports
7. Arrival of vessels and aircraft in Nauru
8. Entry of persons
9. Visas
10. Prohibited immigrants
11. Removal orders
12. Expenses incurred in respect of a prohibited immigrant

13. Offences
14. Penalties
15. Appeals
16. No claim for damages maintainable for things done in good faith
17. Expiry of permits
18. Provision of information
19. Regulations

20. Repeal
21. Saving of powers, duties, functions, delegations and appointments
22. Saving of permits
23. Removal orders under repealed laws
24. Savings of appeals, actions and claims

To make provision for the entry of persons into Nauru, the presence of non-citizens in Nauru, and the departure or removal of persons from Nauru.

1. (1) This Act may be cited as the Immigration Act 1999 and shall come into force on a date to be notified by the Minister by notice in the Gazette.

"appropriate form" means a form approved by the Principal Immigration officer for use in any particular case;

"authorised officer", when used in a provision of this Act, means an officer authorised by the Minister or the Principal Immigration Officer for the purposes of that provision;

"captain" means the captain, master or other person for the time being in charge of a vessel or aircraft, but does not include a ship's pilot;

"crew member" means any person for the time being in the service of a vessel or aircraft;

(i) where a restricted area has been declared in relation to the port - leaving the restricted area to enter Nauru; or

(ii) in any other case - disembarkation in Nauru from the vessel in which he has arrived; and

"formal separation", in relation to a marriage or a spouse, means separation of marriage pursuant to an order of a court;

"passenger" means a person travelling or intending to travel on board a vessel or aircraft,

"passport" includes a document of identity issued from official sources, whether in or outside Nauru, and having the characteristics of a passport, but does not include a document, which may be a document called or purporting to be a passport, that the Minister by notice in the Gazette declares is not to be taken to be a passport;

"permit" includes any permit, permission, visa or other authorisation granted under this Act;

"Principal Immigration Officer" means the officer appointed as the Principal Immigration Officer under section 3;

"prohibited immigrant" means a person who is a prohibited immigrant under section 10;

"removal order" means an order for the removal of a person from Nauru made under section 11;

"repealed laws" means the written laws which are repealed, or the adoption of which is repealed, by section 20;

"undesirable immigrant" means a person declared to be an undesirable immigrant under section 10(3);

"vessel" includes any boat, ship, canoe or other floating craft, whether or not propelled by motor, but does not include an aircraft;

3. (1) There shall be a Principal Immigration Officer and such other immigration officers as are necessary or desirable for the administration of this Act, who shall be public officers.

(2) Subject to subsection (3), the Principal Immigration Officer has the general administration of this Act.

(3) The Minister may give to the Principal Immigration Officer directions, not inconsistent with this Act, as to the exercise of any power, discretion or function or the performance of any duty under this Act, and the Principal Immigration Officer and immigration officers shall comply with those directions.

(4) The Principal Immigration Officer may delegate to any person in writing any power, duty or function of his office other than this power of delegation.

(5) A delegation under subsection (4) is revocable and does not prevent the exercise of a power, duty or function by the Principal Immigration Officer.

(6) The Principal Immigration Officer may authorise an immigration officer to carry out such functions and perform such duties on behalf of the Principal Immigration Officer as are specified in the authorisation

4. (1) The Minister may, by notice in the Gazette, declare places at ports as restricted areas for the purposes of -

(b) the holding of persons arriving in Nauru until they are permitted by an immigration officer to enter Nauru; and

and may declare the limits of those places together with such other details as may be necessary or desirable to delimit the places.

(2) No person other than a person authorised to do so or a person in the process of entering, leaving or transiting through Nauru may enter or be in a restricted area.

(3) For the purposes of subsection (2), the following persons are authorised to enter a restricted area:-

(b) a public officer entering for legitimate purposes of customs, quarantine or agricultural quarantine matters;

(iii) whom he believes can give material information regarding any person referred to in subparagraph (i) or (ii); and

(c) require any person referred to in paragraph (b) to produce such documents in his possession as may be necessary or desirable to enable the immigration officer to carry out his duties; and

(d) require any person who desires to enter or leave Nauru to make and sign a declaration in such form as is prescribed or is approved by the principle immigration officer; and

(e) prevent any person whom he believes to be a prohibited immigrant or is otherwise not entitled to enter Nauru from entering Nauru; and

(f) prevent a person in respect of whom a removal order is in force from leaving the vessel or aircraft on which the person has been placed for removal; and

(g) require any person who desires to enter Nauru to submit to be examined by a medical officer and to undergo and assist in the carrying out of any test or investigation as the medical officer requires.

(3) Where a person arrested under subsection (2) is a passenger or a member of the crew of a vessel or aircraft, the immigration officer who arrested the person may hand over custody of the person to the captain until the vessel or aircraft leaves Nauru.

(4) In exercising powers under this Act, an immigration officer may use such force against any person or property as is reasonably necessary.

(5) For the purposes of section 10 of the Criminal Procedure Act, an offence against this Act is a cognisable offence.

6. (1) Upon arrival of a vessel or aircraft in Nauru, the captain shall deliver to an immigration officer a list, in a form approved by the Principal Immigration Officer, of all officers, crew, passengers and other persons on board the vessel or aircraft.

(2) Where the captain of a vessel or aircraft fails to make a report under this section, or furnishes a list or statement under subsection (1) which he knows to be false or misleading, the captain, the owner and the agent of the vessel or aircraft are each guilty of an offence.

(3) It is a defence to a prosecution for an offence against this section if the person charged satisfies the Court that the arrival was caused by stress of weather, medical or other emergency or other reasonable cause.

(a) not permit any person to disembark until disembarkation has been authorised by an immigration officer; and

(b) where he reasonably believes any person on board his vessel is a prohibited immigrant, a stowaway or a person who is in the course of deportation or compulsory repatriation - inform an Immigration officer and prevent the person from disembarking unless the disembarkation is authorised by an immigration officer; and

(c) prevent from disembarking any other person whom an immigration officer informs him is prohibited from disembarkation.

(2) In preventing a person from disembarkation under subsection (1) (b) or (c), the captain may use such force as is reasonably necessary.

(3) Where the captain of an aircraft arriving in Nauru reasonably believes any person on board his aircraft is a prohibited immigrant, a stowaway or a person who is in the course of deportation or compulsory repatriation, he shall immediately inform an immigration officer.

(4) The captain of a vessel or aircraft arriving in Nauru shall immediately comply with any instruction or direction given by an immigration officer and shall by all reasonable means facilitate boarding by and provide any necessary assistance to an immigration officer.

(5) A captain who contravenes subsection (1), (3) or (4) is guilty of an offence.

(b) furnish to an immigration officer such information as he may require or as may be prescribed,

(2) Subject to subsection (3), no person shall enter Nauru from overseas without a valid permit to do so.

(3) A person who proves to the satisfaction of an immigration officer that he is -

(4) Where the entry of a person or class of persons prescribed or specify under subsection (3)(c) is subject to any prescribed or specified conditions, the entry of that person, or a member of that class of persons, shall be made subject to those conditions.

(5) When a person referred to in subsection (3), other than a Nauruan citizen, ceases to hold the employment or appointment, or enjoy the status or privilege, which entitled him to enter Nauru without a permit -

(a) he shall, for the purposes of this Act, be deemed to be a person seeking to enter Nauru with effect from the date when he ceases to hold that employment or appointment or enjoy that status or privilege; and

(b) where he has not been granted a permit within four months from that date - his presence in Nauru becomes unlawful.

(6) It is a defence to a prosecution for an offence against this section if the person charged satisfies the Court that the entry or departure was caused by stress of weather, medical or other emergency or other reasonable cause.

9. (1) The Principal Immigration Officer may grant a non-citizen a permit, to be known as a visa, in accordance with this Act, to -

(3) The Minister may, by notice in the Gazette, exempt a person or a class of person to whom the notice applies from the payment of any prescribed fee.

(b) the exemption of any person or class of persons from the payment of a visa fee; and

(a) a person who, not being entitled to enter Nauru without a permit under section 8(2), or not being a person entering Nauru in lawful custody under subsection (7), is not the holder of a valid permit granted under this Act;

(b) a person who, being the holder of a valid permit granted under this Act, enters Nauru other than in accordance with this Act;

(i) refuses to submit to an examination by a medical officer after being required to do so under section 5(1)(e), or to undergo, or to assist in the carrying out of, any test or investigation which the medical officer may require; or

(ii) at the time of his entry into Nauru - is certified by a medical officer to be suffering from a contagious or infectious disease or a mental disorder, or is mentally defective, so that his presence in Nauru is a danger to the community; or

(e) a person who at the time of entry into Nauru is a reputed prostitute, or who is living on or receiving, or who prior to entering Nauru lived on or received, the proceeds of prostitution;

(f) a person who has been convicted by a court in any country outside Nauru of an offence which, if committed in Nauru, would be an offence for which he would be sentenced to death or to imprisonment for a term of two years or more, and has not received a free pardon;

(g) a person who is considered to be an undesirable immigrant under subsection (3);

(h) a person, other than a Nauruan citizen, who has arrived in Nauru as a stowaway;

(i) a person, other than a Nauruan citizen, who is in the course of deportation or compulsory removal from any other country;

(j) a person who is a member of any class of persons declared by the Minister by notice in the Gazette to be prohibited immigrants for the purposes of this section;

(k) a person who, immediately prior to the commencement of this Act, was a prohibited immigrant under the repealed laws;

(l) a dependant of a prohibited immigrant, unless the Principal Immigration Officer declares that the dependant is not a prohibited immigrant;

(m) a holder of a permit granted to or in respect of him under this Act which has expired or has been cancelled, unless he is otherwise entitled or authorised to remain in Nauru under this Act;

(2) Unless otherwise expressly provided by this Act, the entry into or presence in Nauru of a prohibited immigrant is unlawful.

(3) The Principal Immigration Officer may, in consequence of information received from any Government, through official or diplomatic channels or from any other source deemed by the Principal Immigration Officer to be reliable, declare, prior to the entry of a person into Nauru or within one year after the entry, that the person is an undesirable immigrant.

(4) A declaration under subsection (3) is subject to confirmation or otherwise by the Minister, or in the case of any decision involving matters of internal security, the Minister responsible for internal security matters, whose decision is final and shall not be questioned in any court.

(5) The burden of proof that a person is not a prohibited immigrant lies upon that person.

(6) In any case where an immigration officer refuses to allow a person to enter Nauru in respect of any person on the ground that the person is a prohibited immigrant he shall, if so requested by the person, inform him of the class of prohibited immigrant of which he is considered to be a member.

(7) Notwithstanding subsection (1)(a), a person who enters or is in Nauru in order to -

is not a prohibited immigrant and may enter and remain in Nauru in lawful custody without a permit, for so long as may be necessary for the purpose for which he is entering or remaining in Nauru, and for so long as he remains in lawful custody.

11. (1) The Principal Immigration Officer may make a removal order directing that a person who is a prohibited immigrant or is otherwise unlawfully in Nauru shall, from the date of service of the order on the person or after the completion of any sentence of imprisonment which he may be serving, as is specified in the order -

(b) remain out of Nauru, either indefinitely or for a period specified in the order.

(2) A removal order shall be carried into effect in such manner as the Principal Immigration Officer directs.

(3) The Principal Immigration Officer shall, if so requested by a person in respect of whom a removal order is made, inform him of the reason for making the removal order.

(4) A person against whom a removal order is made may, before he leaves Nauru and while being conveyed to the place of his departure, be kept in prison or in police custody, and while so kept is deemed to be in lawful custody.

(5) The Principal Immigration Officer may at any time vary or revoke any removal order made, or any directions given, by him under this section.

(b) with the approval of the Minister - to a place in the country to which he belongs, or to any place to which he consents to be removed, provided that the Government of the last-mentioned place consents to receive him.

(7) The captain of a vessel or aircraft which is proceeding to a place to which a person is directed to be removed under subsection (6) and who is required by the Principal Immigration Officer or by an immigration officer to do so shall -

(a) receive a person against whom a removal order has been made on board the vessel or aircraft; and

(b) afford him a passage to that place and proper accommodation and maintenance during the passage.

(8) Where a captain fails to comply with subsection (7), the captain, the owner of the vessel or aircraft and any agent of the owner in Nauru are each guilty of an offence.

(9) Except as provided by section 12, the cost of any passage, accommodation and maintenance under subsection (7) shall be paid by the person removed, or if the Minister so directs, out of the Treasury Fund, which is appropriated accordingly.

(10) Where a person against whom a removal order has been made holds a ticket for his conveyance from Nauru to a place outside Nauru, the Principal Immigration Officer may, on behalf of the person arrange, with or without the person's consent, for the ticket to be applied for or towards the conveyance of the person.

(11) Where a person in respect of whom a removal order is made under this section has been sentenced to any term of imprisonment, the sentence shall, unless the Minister otherwise directs, be served before the order is carried into effect.

12. (1) Subject to subsections (2) and (3), the captain, owner and agent of any vessel or aircraft from which a prohibited immigrant disembarks are jointly and severally liable to pay to the Republic all expenses incurred by the Republic in connection with the care, maintenance or treatment of the prohibited immigrant and with his removal or conveyance from Nauru.

(a) the amount of liability for removal or conveyance from Nauru of a prohibited immigrant shall not exceed the costs of removing or conveying him to the place from which he was brought by the vessel or aircraft; and

(b) the Minister may, if he thinks fit, direct that the whole or any part of the expenses shall be paid out of the Treasury Fund, which is appropriated accordingly.

(a) to a person who is a prohibited immigrant by reason of being declared by the Principal Immigration Officer, after his entry into Nauru, to be an undesirable immigrant; or

(b) to a prohibited immigrant entering Nauru in lawful custody in accordance with section10(7); or

(4) Any expenses incurred under this section may be recovered in an action brought by or in the name of the Republic.

(a) for the purpose of obtaining for himself or for any other person, or of assisting any other person to obtain any permit, exemption or other advantage under this Act or with intent to deceive an immigration officer, makes an oral declaration, or makes or causes or omits to make or causes to be made any statutory declaration, return, statement, application or other writing which he knows or has reasonable cause to believe to be incorrect or misleading; or

(b) otherwise than with the authority of the Principal Immigration Officer (the burden of proof of which is upon him) alters, or wilfully defaces, any permit, or any official or certified copy of any permit, made or granted under this Act; or

(c) fails to appear before an immigration officer or furnish any required or prescribed information to an immigration officer in contravention of section 8; or

(e) while in a restricted area, fails to comply with any lawful directions of an immigration officer; or

(f) resists, hinders or obstructs any immigration officer or other officer or person in the lawful execution of his duty or in the lawful exercise of his powers under this Act; or

(g) knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by any immigration officer of any duty, function, power or discretion under this Act; or

(h) unlawfully uses or without lawful authority (the burden of proof of which is upon him) has in his possession any forged or unlawfully altered permit or other document granted or purported to have been granted under this Act, or any forged or unlawfully altered birth certificate, marriage certificate or other document purporting to establish age, status or identity; or

(i) knowingly uses or has in his possession any unlawfully issued or otherwise irregular permit or other document granted, issued or purported to have been granted or issued under this Act; or

(j) refuses or fails to submit to a medical examination, or to undergo or assist in carrying out any test or investigation in connection with a medical examination, when so required under section 5(1)(e); or

(k) having arrived in or is about to leave Nauru as a passenger, fails to appear before an immigration officer as directed by him; or

(m) refuses or fails to comply with any notice issued to him under this Act with which he is required to comply; or

(n) refuses or fails to comply with a term or condition of any permit granted to him under this Act; or

(o) not being a person exempt under section 9(3) nor the holder of a permit granted to do so – engages in any business, profession, employment or religious vocation, whether for reward or not; or

(p) employs or continues to employ any person who is neither exempt under section 10(3) nor the holder of a permit to work; or

(q) aids or incites another person to enter or remain in Nauru in circumstances in which the other person would be or become a prohibited immigrant, or harbours or assists any person whom he knows or has reasonable cause to believe to be a prohibited immigrant; or

(r) uses any certificate, permit or exemption granted to or in respect of any other person as if it had been granted to or in respect of himself; or

(s) gives, sells, lends or parts with possession of any certificate, permit or exemption in order that, or intending or knowing or having reasonable cause to believe that, it may used in contravention of paragraph (o); or

(t) having been directed by any order made under section 11 to remain out of Nauru, and not holding a permit under section 11(7) − returns to Nauru in contravention of the order,

is guilty of an offence and liable to a penalty of a fine not exceeding $3,000 or imprisonment for one year, or both.

(2) For the purposes of any proceedings for an offence under subsection (1)(a), any declaration, return, statement, application or other writing under that subsection shall be deemed to have been made, or the causing of it to be made shall be deemed to have been done, at the time and place at which it was received by the immigration officer or other person to whom it was addressed.

(3) Where any person is convicted of an offence under subsecton (1)(a), the Court may, in addition to any penalty imposed for the offence, cancel any permit which is granted in consequence of the false declaration, return or statement.

(4) Where a person is convicted of an offence under subsection (1), the Minister may, in addition to any penalty imposed by any court for such an offence, direct that any permit granted in respect of the person be cancelled.

(5) A person in respect of whom a removal order has been made who fails to remain out of Nauru in accordance with the terms of the order is guilty of an offence.

(6) Where a prohibited immigrant, other than a prohibited immigrant authorised under this Act to enter or be in Nauru, enters Nauru on or from a vessel or aircraft, whether or not with the knowledge of the captain, owner or agent -

(b) the vessel or aircraft may, by order of the Court, be detained until provision has been made, to the satisfaction of the principal Immigration Officer, by the captain, owner or agent as the case may be, for the conveyance out of Nauru of the prohibited immigrant.

(7) In any proceedings for an offence under this section, a person is deemed to know the contents of any declaration, return, statement, application or other writing which he has signed, or marked, whether or not he has read the declaration, return, statement, application or other writing.

14. (1) A person convicted of an offence against this Act for which no penalty is specified is liable to a fine not exceeding $1,000.

(2) Where a fine is imposed under this Act upon the captain, owner or agent of a vessel or aircraft, the vessel or aircraft may, by order of the Court, be detained until the fine has been paid or guaranteed to the satisfaction of the Principal Immigration Officer, and the Court when imposing the fine may order execution against the vessel or aircraft in satisfaction of the fine.

15. (1) A person aggrieved by a decision of the Principal Immigration Officer or an immigration officer under this Act, other than a decision made by the Principal Immigration Officer or an immigration officer acting in any particular case in accordance with the directions of, or instructions given by, the Minister, may appeal by written petition to the Minister who may, in his discretion, uphold, vary or revoke the decision.

(a) where the persons is granted a permit to enter or remain in Nauru for the purpose of conducting the appeal - within 14 days after the grant of the permit; or

(b) in any other case - within 14 days after his receiving notice of the decision.

(3) The Principal Immigration Officer may grant a person, including a prohibited immigrant, a permit in the prescribed form to enter or remain in Nauru for the purposes of conducting an appeal under subsection (1), and where the permit has been granted, any removal order made against the person is stayed until the conclusion of the appeal, whether by way of decision, withdrawal, or otherwise.

(c) any permit delegated or authorised by this Act or any other law for the time being in force to perform or exercise any duty or power under this Act; or

for or on account of or in respect of any act, matter or thing done or omitted to be done or purported to be done or omitted to be done, in good faith, in the performance or exercise or intended performance or exercise of any duty or power under this Act.

(2) Where a claim for damages lies in any other case, section 3 of the Republic Proceedings Act shall not apply to the claim.

17. (1) A permit remains in force until it expires according to its terms or to any other provision of this Act, or is sooner cancelled.

(2) Where the holder of a permit is granted a permit of a different class, the first-mentioned permit expires upon the coming into effect of the second-mentioned permit, unless the Principal Immigration Officer determines otherwise.

(3) Where a permit is expressed to expire or be cancelled on a specified day, the permit shall be deemed to expire or be cancelled on the day next succeeding the day of the next available flight or sea voyage departing from Nauru to an appropriate destination after the day specified for the expiry or cancellation.

18. A person who does not complete an application or other form of written information under this Act is deemed to complete it if he causes it to be filled in or if it is otherwise filled in on his behalf.

19. The Cabinet may make Regulations not inconsistent with this Act prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular prescribing matters for and in relation to -

(a) application for permits and information to be supplied in relation to applications; and

(b) the grant, extension and renewal, refusal of grant, extension and renewal, terms and conditions, and expiry and cancellation of permits; and

(c) the procedure to be followed by persons entering, in transit through, and departing from Nauru, including the form of information to be given; and

(e) any fees, charges, taxes, bonds or securities payable in respect of any matter under this Act; and

(f) prescribing penalties of fines not exceeding $1,000 for offences against the Regulations.

(2) The First Schedule of the Laws Repeal and Adopting Ordinance 1922-1967 is amended by deleting the Immigration Act 1901-1920 of the Commonwealth of Australia from the Schedule, and the adoption of that Act as a law of the Republic is repealed.

(3) The repealed laws shall remain in operation after the commencement of this Act to the extent necessary to give effect to sections 21, 23 and 24 of this Act.

21. Any power, duty, function, appointment or delegation, exercised, performed, made or delegated under the repealed laws and continuing at the date of the commencement of this Act shall continue to have full force and effect as though exercised, performed, made or delegated under the relevant provision of this Act.

22. (1) Subject to subsection (2), all permits granted under the repealed laws which were valid and in force immediately before the coming into operation of this Act shall continue, on that coming into operations, to have full force and effect for the term for which they were granted or made or until they sooner expire or are revoked according to law.

(2) Where the Principal Immigration Officer is of the opinion that a term or condition of a permit granted under the repealed laws is at variance with the provisions of this Act or any directions of the Minister to an extent which makes it unacceptable, he shall by written notice advise the holder of the permit of the term or condition that is unacceptable, and -

(a) specify the variation in the term or condition required to ensure compliance with this Act and state that the variation shall apply in respect of the permit with effect from a date specified in the notice; or

(b) require the holder of the permit to make application for a fresh visa in accordance with this Act, and specify a date, being a date not less than 14 days after the date of the notice, upon which the permit ceases to have effect.

23. Any order made under the repealed laws directing that a person be removed or deported from or remain out of Nauru indefinitely or for a specified period shall continue to have full force as if it were a removal order under this Act, so that -

(a) where the order has not yet been enforced upon the commencement of this Act - it shall be enforced under this Act as if it were a removal order made under this Act; and

(b) where a person who has previously left or been removed or deported from Nauru under an order made under the repealed laws enters or is found in Nauru in contravention of the terms of that order - he may again be removed from Nauru without a further order being made under this Act, as if a removal order had been made in respect of him under this Act.

24. Any appeal, action or claim which was pending or existing under the repealed laws may be made, continued and disposed of as if this Act had not been made.

I hereby certify that the above is a fair print of a Bill for an Act entitled Immigration Act 1999, that has been passed by the Parliament of Nauru and is now presented to the Speaker for his Certificate under the Article 47 of the Constitution.		Pursuant to Article 47 of the Constitution, I, LUDWIG D. KEKE, Speaker of Parliament hereby certify that the Immigration Act 1999 has been passed by Parliament of Nauru
...................................... Clerk of Parliament 18^th October 1999		...................................... Speaker 18^th October 1999

Nauru Sessional Legislation

Immigration Act 1999