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Immigration Act 2014 - Immigration Regulations 2014

REPUBLIC OF NAURU
GOVERNMENT GAZETTE
PUBLISHED BY AUTHORITY
EXTRAORDINARY

G.N.No. 66 / 2014

Immigration Regulations 2014
SL No. 2 of 2014

Table of Provisions

PART 1 — PRELIMINARY MATTERS

1 Short title
2 Commencement
3 Interpretation

PART 2 — VISAS

4 Classes of visa
5 Visa application
6 Business visa
7 Dependant's visa
8 Employment visa
9 Regional processing centre visa
10 Residence visa
11 Special purpose visa
12 Visitor's visa
13 Visa for child
14 Exemption from visa requirement
15 Emergency entry
16 Visa fees
17 Evidence of visa
18 Change of circumstances
19 Cancellation of visa

PART 3 — ARRIVAL, ENTRY AND DEPARTURE

20 Procedure on arrival
21 Transit passenger does not enter Nauru
22 Information to be provided on arrival
23 Information to be provided on departure
24 Departing or transiting passengers in restricted area

PART 4 — MISCELLANEOUS

25 Removal orders
26 Review of decisions
27 Repeal
28 Transitional provision

SCHEDULE 1 — APPLICATION FORMS
SCHEDULE 2 — FEES
PART 1 — FEES FOR GRANTING OF VISAS
PART 2 — FEES FOR RE-EVIDENCING OF VISAS
PART 3 - FEES FOR VISA PROCESSING
SCHEDULE 3 — VISITOR'S VISA FEE EXEMPT COUNTRIES
SCHEDULE 4 — SIMPLIFIED VISITOR'S VISA APPLICATION COUNTRIES

G.N.No. 66 / 2014 (cont'd)

_____________________

Immigration Regulations 2014

Cabinet makes the following regulations under section 33 of the Immigration Act 2014:

PART 1 — PRELIMINARY MATTERS

1 Short title
These Regulations may be cited as the Immigration Regulations 2014.

2 Commencement
These Regulations commence on the day on which they are published in the Gazette.

3 Interpretation
In these Regulations:

'aircrew member list' for an aircraft of a commercial air carrier means a list, in a form approved by the Secretary, of all persons travelling on the aircraft who are employed by the commercial air carrier as a crew member;

'business visa' means a business visa granted under regulation 6;

'commercial air carrier' means a person conducting a business open to the general public of carrying passengers or freight by aircraft for reward, regardless of whether the aircraft is scheduled or chartered;

'commercial aircrew member' means a person who:

(a) is employed by a commercial air carrier as a crew member; and

(b) holds a current identity document as a crew member issued by his or her employer; and

(c) is travelling to, or departing from, Nauru in the course of his or her employment, whether as a crew member of, or as a passenger on, an aircraft; and

(d) is included in an aircrew member list for the aircraft signed on behalf of the commercial air carrier and given to an immigration officer;

'dependant' of a person means:

(a) the person's spouse other than a spouse from whom he or she is formally separated; or

(b) the person's child under the age of 18 years; or

(c) someone wholly dependent on the person for financial, psychological or physical support;

'diplomatic or consular representative' of a foreign country means a person who has been appointed to, or who holds, a post or position in a diplomatic or consular mission of that country in, or in relation to, Nauru but does not include a person who was ordinarily resident in Nauru when appointed to that post or position;

'employment visa' means an employment visa granted under regulation 8;

'health and security clearance certificate' has the same meaning as in the Asylum Seekers (Regional Processing Centre) Act 2012;

'refugee' has the same meaning as in the Refugees Convention Act 2012;

'Refugees Convention' has the same meaning as in the Refugees Convention Act 2012;

'regional processing centre' has the same meaning as in the Asylum Seekers (Regional Processing Centre) Act 2012;

'regional processing centre visa' means a regional processing centre visa issued under regulation 9;

'residence visa' means a residence visa granted under regulation 10;

'Secretary' means the Secretary for Justice & Border Control;

'service provider' has the same meaning as in the Asylum Seekers (Regional Processing Centre) Act 2012;

'special purpose visa' means a special purpose visa granted under regulation11;

'transit passenger' means a person who:

(a) arrives in Nauru by air or sea; and

(b) holds a valid ticket for travel from Nauru to another country within 3 hours after arriving in Nauru; and

(c) holds any documents necessary for entering the country of destination;

'visa waiver agreement country' means a country with the government of which the Government of the Republic of Nauru has entered into an agreement allowing entry without a visa for a period, and in the circumstances, specified in the agreement;

'visitor's visa' means a visitor's visa granted under regulation 12.

PART 2 — VISAS

4 Classes of visa

(1) Subject to and in accordance with these Regulations, the Principal Immigration Officer may grant visas of the following classes:

(a) business visa;

(b) dependant's visa;

(c) employment visa;

(d) regional processing centre visa;

(e) residence visa;

(f) special purpose visa;

(g) visitor's visa.

(2) Subject to and in accordance with these Regulations, the Head of a Nauruan mission or Nauruan consular post may grant a visitor's visa on an application made under regulation 5(2).

Note

Under section 12 of the Act an applicant for a visa may apply to the Minister for review of a decision of the Principal Immigration Officer to impose visa conditions or to refuse to grant a visa application.

5 Visa application

(1) An application for a visa of any class may be made to the Principal Immigration Officer.

(2) An application for a visitor's visa may be made to the Head of a Nauruan mission or Nauruan consular post by a person present in the country in which that mission or post is located.

(3) Subject to subregulation (4), an application under subregulation(1) or (2) must be made in the appropriate form set out in Schedule 1.

(4) A national of a country covered by regulation 16(4) who, on entry into Nauru, requests to be granted a visitor's visa does not need to complete an application form of any kind.

(5) An application must be accompanied by:

(a) any information or document:

(i) required by the application form to be provided with it; or

(ii) reasonably required by the Principal Immigration Officer; or

(iii) otherwise relevant to the application; and

(b) except in the case of a regional processing centre visa, evidence of the payment of any fee payable under regulation 16 for the class of visa being applied for.

(6) The Principal Immigration Officer may require an applicant for a visa to verify by statutory declaration any information provided in connection with the application.

(7) The fee for a regional processing centre visa is payable by the Commonwealth of Australia when a demand for its payment is made on behalf of the Republic.

(8) A person who is the holder of a current visa (other than a regional processing centre visa) and is already in Nauru may apply for a visa of a different class.

(9) An applicant for a visa must hold a valid passport that is not due to expire within 3 months after the date of the application.

(10) Subregulation (9)does not apply to a person:

(a) on whose behalf an application for a regional processing centre visa is being made; or

(b) whose arrival in Nauru is due to stress of weather or a medical or other emergency; or

(c) who has arrived in Nauru without a passport due to another reasonable cause.

Note

Under section 10(5) of the Act if a decision is made not to grant an application for a visa, the applicant must be given written notice of the decision and a statement of the reasons for the decision.

6 Business visa

(1) An application for a business visa may be made before or after entry into Nauru.

Note

Under regulation 5(8)an application for a business visa could be made by the holder of a current visa of a different class who is already in Nauru.

(2) Business visas are divided into the sub-classes specified in column 1 of the Table.

(3) The purpose of a business visa of a sub-class specified in column 1 of the Table in subregulation (2) is to authorise the holder to engage in Nauru in the activity specified opposite it in column 2 of that Table.

(4) Business Visa Conditions

(a) A Business Visa (General) is granted subject to the conditions that the holder must not while in Nauru:

i. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

ii. engage in any religious vocation except with the written approval of the Minister;

iii. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

iv. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

(b) A Business Visa (Diplomatic) is granted by the Principal Immigration Officer and may be made subject to any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

(c) A Business Visa (Education) is granted subject to the conditions that the holder must not while in Nauru:

i. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

ii. engage in any employment, trade or business other than that specified in the visa, without the express written permission of the Secretary;

iii. engage in any religious vocation except with the written approval of the Secretary;

iv. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

v. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

(d) A Business Visa (Media) is granted subject to the conditions that the holder must not while in Nauru:

i. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

ii. engage in any employment, trade or business other than that specified in the visa, without the express written permission of the Secretary;

iii. engage in any religious vocation except with the written approval of the Secretary;

iv. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

v. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

(e) A Business Visa (Religious Vocation) is granted subject to the conditions that the holder must not while in Nauru:

i. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

ii. engage in any employment, trade or business other than that specified in the visa, without the express written permission of the Secretary;

iii. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

iv. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

(f) A Business Visa (Research) is granted subject to the conditions that the holder must not while in Nauru:

i. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

ii. engage in any business, profession or employment, whether or not for reward;

iii. engage in any religious vocation except with the written approval of the Secretary;

iv. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

v. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

(5) A business visa may be granted:

(a) for a period not exceeding 12 months; and

(b) for a single entry or multiple entries; and

(c) subject to any reasonable condition (not inconsistent with the Act or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

(6) A Business Visa (Media) is valid only for a single entry of a period up to 3 months as specified in Table 1 of Schedule 2 of these Regulations.

(7) A fee specified in Table 1 of Schedule 2 to these Regulations shall, unless waived by the Minister, be paid in respect of that matter.

Note

If the activity that the holder of a business visa proposes to conduct is a ‘prescribed business’ within the meaning of the Business Licences Act 2011, the holder must also hold a business licence issued under that Act before conducting the business.

7 Dependant’s visa

(1) A dependant’s visa may only be granted to a person who is a dependant of the holder of a business visa, employment visa or residence visa.

(2) An application for a dependant’s visa may be made before, on or after entry into Nauru.

(3) The purpose of a dependant’s visa is to authorise the holder to reside with the holder of a business visa, employment visa or residence visa as his or her dependant.

(4) A dependant’s visa, if granted, is for the remaining period of the visa of the person of whom he or she is a dependant.

(5) A dependant’s visa may be granted:

(a) for a single entry or multiple entries;

(b) subject to any reasonable condition (not inconsistent with the Act or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

(6) A dependant’s visa expires:

(a) for a spouse dependant, on divorce or formal separation; or

(b) for any other dependant, on him or her ceasing to be a dependant; or

(c) for any dependant:

(i) on him or her being granted a visa of a different class; or

(ii) on the cancellation or expiry of the visa of the person of whom he or she is a dependant.

8 Employment visa

(1) An application for an employment visa may be made before or after entry into Nauru.

Note

Under regulation 5(8) an application for an employment visa could be made by the holder of a current visa of a different class who is already in Nauru.

(2) The purpose of an employment visa is to authorise the holder to engage in employment in Nauru.

(3) An employment visa may be granted:

(a) for a period not exceeding 2 years; and

(b) for a single entry or multiple entries; and

(c) subject to any reasonable condition (not inconsistent with the Act or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

9 Regional processing centre visa

(1) A regional processing centre visa may only be granted to:

(a) an offshore entry person within the meaning of the Migration Act 1958 of the Commonwealth of Australia who is to be, or has been, brought to Nauru under section 198AD of that Act; or

(b) a person who is to be, or has been, brought to Nauru under section 199 of that Act.

(2) An application for a regional processing centre visa must be made before the entry into Nauru of the person to whom it relates.

(3) An application for a regional processing centre visa may only be made by an officer of the Commonwealth of Australia.

(3A) The Principal Immigration Officer may, in his or her discretion, grant a regional processing centre visa despite the application being made on or after entry into Nauru of the person to whom it relates in order for the person not to be disadvantaged because of the failure of an officer of the Commonwealth of the Australia to comply with subregulation (2).

(4) A regional processing centre visa may only be granted for any of the following purposes:

(a) the making by the Secretary of a determination in respect of the person under section 6 of the Refugees Convention Act 2012;

(b) enabling a person in respect of whom the Secretary has made a determination that he or she is not recognised as a refugee, or a decision to decline to make a determination on his or her application for recognition as a refugee, to remain in Nauru until all avenues for review and appeal are exhausted and arrangements are made for his or her removal from Nauru;

(c) enabling a person whose recognition as a refugee has been cancelled to remain in Nauru until all avenues for review and appeal are exhausted and arrangements are made for his or her removal from Nauru;

(d) enabling a person in respect of whom the Secretary has made a determination that he or she is recognised as a refugee to remain in Nauru pending the making of arrangements for his or her settlement in another country;

(e) enabling a person mentioned in subregulation(1)(b) to reside, as a dependant, with the holder of a regional processing centre visa issued for a purpose mentioned in paragraph (a), (b), (c) or (d).

(5) A regional processing centre visa may be granted for a period not exceeding 3 months.

(5A) In respect of a person who holds a regional processing centre visa, a further regional processing centre visa may be granted on the request of an officer of the Commonwealth of Australia without submitting an application in the prescribed form.

(6) A regional processing centre visa is subject to the following conditions:

(a) the holder must reside in premises specified in the visa;

(b) until a health and security clearance certificate is granted to the holder, the holder must remain at those premises or at common areas notified to the holder by a service provider, except:

(i) in case of emergency or other extraordinary circumstances; or

(ii) in circumstances where the absence is organised by a service provider and the holder is under the care and control of a service provider or of another person into whose care and control the holder is delivered by a service provider;

(c) after a health and security clearance certificate is granted to the holder, the holder must remain at those premises or at common areas notified to the holder by a service provider, except:

(i) in case of emergency or other extraordinary circumstances; or

(ii) in circumstances where the absence is organised or permitted by a service provider and the holder is in the company of a service provider or another person approved by a service provider.

(d) the holder must not behave in a manner prejudicial to peace or good order in Nauru;

(e) the holder must not engage in any activity for which a business or employment visa may be granted, except with the approval of the Secretary;

(f) if a person covered by subregulation(4)(a), the holder must cooperate in having a determination made in respect of him or her by the Secretary under section 6 of the Refugees Convention Act 2012;

(g) if a person mentioned in subregulation(1)(a), the holder must take all reasonable steps to ensure that a person mentioned in subregulation(1)(b) who is his or her dependant and holds a regional processing centre visa complies with the conditions of that visa.

(6A) If the Secretary for Justice notifies the holder of a regional processing centre visa in writing that a determination has been made that the holder is recognised as a refugee, the visa is subject to the following conditions instead of the conditions set out in subregulation (6):

(a) the holder must reside in premises notified to the holder by a service provider as being premises set aside for the holder;

(b) the holder must not behave in a manner prejudicial to peace or good order in Nauru;

(c) if a person mentioned in subregulation (1)(a), the holder must take all reasonable steps to ensure that a person mentioned in subregulation (1)(b) who is his or her dependant and holds a regional processing centre visa complies with the conditions of that visa.

(7) A regional processing visa may be granted subject to any other reasonable condition (not inconsistent with the Act or the Refugees Convention Act 2012 or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

(8) A regional processing visa expires on its holder departing from Nauru otherwise than for medical treatment.

(9) The Minister may at any time cancel a regional processing centre visa.

(10) If the regional processing centre visa of a person mentioned in subregulation(1)(a) is cancelled, the visa of a person mentioned in subregulation(1)(b) who is a dependant of that person is also cancelled.

10 Residence visa

(1) A residence visa may only be granted to a dependant of a Nauruan citizen.

(2) An application for a residence visa may be made before, on or after entry into Nauru.

(3) The purpose of a residence visa is to authorise the holder to enter and remain in Nauru as a resident.

(4) A residence visa:

(a) may be granted for a limited or unlimited period; and

(b) permits multiple entries; and

(c) permits the holder to engage in any activity for which a business or employment visa may be granted.

(5) Subject to subregulations(6) and (7), a residence visa expires:

(a) for a spouse dependant, on divorce or formal separation; or

(b) for any other dependant, on him or her ceasing to be a dependant.

(6) Subregulation(5) does not apply to a residence visa granted to a child of a Nauruan citizen.

(7) The Minister may declare that a visa does not expire in accordance with subregulation(5) but continues in force on the conditions (if any) specified by the Minister.

11 Special purpose visa

(1) An application for a special purpose visa may be made before, on or after entry into Nauru.

(2) A special purpose visa may only be granted to:

(a) a member of the armed forces of another country entering Nauru in an official capacity, and his or her dependants;

(b) a crew member engaged in the positioning, operation or delivery of an aircraft other than one who is exempt from the requirement to hold a visa or who has, or in the opinion of the Principal Immigration Officer should have, a visa of another class;

(c) a crew member engaged in the positioning, operation or delivery of a vessel other than one who has, or in the opinion of the Principal Immigration Officer should have, a visa of another class;

(d) a person who wishes to enter or remain in Nauru in order to engage in an activity in connection with legal proceedings, other than an activity for which a business or employment visa may be granted;

(e) a person arriving in Nauru without a passport and who, in the opinion of the Principal Immigration Officer, should be permitted to enter and remain in Nauru on humanitarian or other grounds;

(f) a person who arrives in Nauru due to stress of weather or a medical or other emergency or other similar cause;

(g) a person who is not exempt from the requirement to hold a visa but is not eligible to hold a visa of any other class and who, in the opinion of the Principal Immigration Officer, should be permitted to enter and remain in Nauru for a purpose specified in the visa.

(3) A special purpose visa may be granted:

(a) for any period specified in it; and

(b) for a single entry or multiple entries.

(4) A special purpose visa:

(a) must specify the purpose for which it is granted; and

(b) is granted subject to the condition that the holder must not, except with the approval of the Secretary, engage in any activity for which a business or employment visa may be granted (other than one covered by the visa); and

(c) if granted to a person mentioned in subregulation(2)(d), is subject to the condition that the legal proceedings must commence within 14 days after the grant of the visa or, if the holder has not yet entered Nauru, within 14 days after that entry.

(5) A special purpose visa may be granted subject to any other reasonable condition (not inconsistent with the Act or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

12 Visitor’s visa

(1) A visitor’s visa may only be granted to a person:

(a) who holds a valid ticket for travel from Nauru to another country and any documents necessary for entering the country of destination; and

(b) in respect of whom there are no grounds for a belief that he or she will contravene a visa condition.

(2) An application for a visitor’s visa:

(a) may be made on entry into Nauru if the applicant is a national of a country covered by regulation16(4); and

(b) must be made before entry in the case of any other applicant.

(3) An application for a visitor’s visa shall be made in Form 7 in Schedule 1 of these Regulations.

(4) A visitor’s visa may only be granted for the following purposes:

(a) holiday;

(b) visiting friends or relatives;

(c) attending a convention, conference, seminar, workshop or similar meeting;

(d) engaging in cultural or sporting activities;

(e) any other purpose that the Principal Immigration Officer considers appropriate for the grant of a visitor’s visa.

(5) A visitor’s visa is granted subject to the conditions that the holder must not while in Nauru:

(a) behave in a manner prejudicial to peace or good order in Nauru; or

(b) engage in any religious activity other than normal religious observance; or

(c) engage in any activity for which a business or employment visa may be granted.

(6) A visitor’s visa may be granted subject to any other reasonable condition (not inconsistent with the Act or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

(7) A visitor’s visa may be granted:

(a) for a period not exceeding 3 months; and

(b) for a single entry only.

13 Visa for child

A child may be included in a visa granted to his or her parent or legal guardian if the child is:

(a) travelling with, and has his or her name included in the passport of, the parent or legal guardian; or

(b) born in Nauru to the holder of the visa.

14 Exemption from visa requirement

(1) A commercial aircrew member is exempt from the application of section 10(1) of the Act if entering or remaining in Nauru solely in connection with his or her employment as such.

(2) A person is exempt from the application of section 10(1) of the Act if entering or remaining in Nauru for the purpose of:

(a) a criminal proceeding brought against him or her; or

(b) serving a sentence of imprisonment; or

(c) being detained in lawful custody for any reason.

(3) A person ceases to be entitled to an exemption if the circumstance specified in subregulation(1) or (2) ceases to apply to him or her.

(4) A person is exempt from the application of section 9(1) of the Act if he or she:

(a) is a national of a visa waiver agreement country; and

(b) does not intend to remain in Nauru for longer than the period specified in the agreement; and

(c) satisfies any conditions specified in the agreement for eligibility to the exemption.

15 Emergency entry

(1) Subregulation(2) applies despite any provision of these Regulations requiring an application for a visa to be made before entering Nauru.

(2) A visa may be granted after entry if:

(a) the entry was due to stress of weather or a medical or other emergency or there was another reasonable excuse for the failure to apply before entry; and

(b) subregulation(3) is complied with in respect of the entry

(3) The person who has entered Nauru, or another person on his or her behalf, must inform an immigration officer as soon as practicable of the entry and the reason for it.

(4) A person who is granted a visa in accordance with this regulation must be taken to have complied with all the requirements of the Act and these Regulations in relation to entry into Nauru and the making of a visa application.

(5) Without limiting subregulation(4), a person who is granted a visa in accordance with this regulation is exempt from the application of section 10(1) of the Act.

16 Visa fees

(1) The fee set out in column 2 of the Table in Part 1 of Schedule 2 is payable for the granting of a visa of the description set out in column 1 of that Table opposite that fee.

(2) The fee for a Business Visa is set out separately in Table 1 of Schedule 2 and is payable for the granting of a visa of the description set out in the Table.

(3) There shall be a processing fee of $50 paid for every application for a Business Visa submitted under these Regulations.

(4) A national of the following countries is exempt from the payment of a fee for a visitor’s visa:

(a) a visa waiver agreement country;

(b) a country specified in Schedule 3;

(c) any other country specified by the Minister by notice published in the Gazette.

(5) The Minister may exempt the holder of a diplomatic passport from the payment of a visa fee.

(6) Any fee paid under a provision of these Regulations or the Act is not refundable or transferable.

17 Evidence of visa

(1) A visa granted before the holder arrives in Nauru:

(a) must be evidenced in a form determined by the Secretary; and

(b) unless otherwise specified, must include permission for the holder to travel to and enter Nauru; and

(c) may be subject to the condition that the holder arrives in Nauru on or before a specified date or within a specified period; and

(d) on the arrival of the holder in Nauru, must be evidenced as specified in subregulation (2).

(2) A visa granted to a person arriving or already in Nauru must be evidenced (in a form determined by the Secretary) in the passport of the holder or, if the holder does not have a passport, in any other manner that the Secretary considers appropriate.

(3) The holder of a current visa evidenced in his or her passport must maintain a current and valid passport during the period of validity of the visa.

(4) If a new passport is issued to replace a passport that has been lost or cancelled or is expired and in which a current visa was evidenced, the current visa must, on payment of the fee specified in Part 2 of Schedule 2, be re-evidenced in the new passport.

18 Change of circumstances

(1) The holder of a visa, whether in or outside Nauru, commits an offence if:

(a) there is a relevant change in any of his or her circumstances (that is, a change that may affect his or her visa or one held by a dependant of him or her); and

(b) the holder is aware of the change; and

(c) the holder does not notify the Principal Immigration Officer in writing about the change as soon as practicable after becoming aware of it;

and is liable to a maximum penalty of $500.

(2) Without limiting subregulation(1), any of the following may constitute a relevant change in circumstances:

(a) marriage;

(b) divorce;

(c) formal separation;

(d) birth of a child;

(e) adoption of a child;

(f) death of a dependant;

(g) starting, completing or ending business or employment activity in Nauru.

(3) The former employer of the holder of an employment visa commits an offence if that employer:

(a) ceases to employ the holder; and

(b) does not notify the Principal Immigration Officer in writing about the cessation as soon as practicable after it occurs.

And is liable to a maximum penalty of $500.

(4) A notification under subregulation (1) or (3) must be accompanied by such evidence of the change as appears to the visa holder or former employer to be relevant or as the Principal Immigration Officer may require.

19 Cancellation of visa

(1) The Secretary may at any time cancel a visa:

(a) if satisfied that:

(i) the holder should have been granted a visa of another class; or

(ii) the visa should not have been granted because the application for, or the granting of, it was made in contravention of the Act, these Regulations or any other law; or

(iii) the holder has breached a condition of the visa; or

(iv) another person required to comply with a condition of the visa has breached that condition; or

(v) the purpose for which the visa was granted has ended or is no longer valid; or

(vi) the holder has committed an offence against regulation18(1); or

(vii) the holder (other than the holder of a residence visa) is, or is likely to become, a charge on the Republic; or

(viii) the holder is, or is likely to become, a risk to the health, safety or good order of the Nauruan community; or

(b) at the request of the holder; or

(c) for any other reason given in the Act or these Regulations.

(2) Subject to subregulations (3) and (4), the cancellation of a visa does not prevent its holder from applying for, and being granted, a visa of another class.

(3) If a visa is cancelled for a breach of condition, its holder must not, unless the Minister otherwise directs, be permitted to enter or re-enter Nauru (otherwise than as the holder of a special purpose visa) within a period of 12 months after the date of:

(a) the cancellation, if that happened before entry or re-entry; or

(b) the holder’s departure from Nauru as a consequence of the cancellation.

(4) A person who overstays, by more than 7 days, the period of his or her visa must not, unless the Minister otherwise directs, be permitted to re-enter Nauru (otherwise than as the holder of a special purpose visa) within a period of 6 months after the expiry of the visa.

PART 3 — ARRIVAL, ENTRY AND DEPARTURE

20 Procedure on arrival

(1) A person arriving in Nauru by air must disembark from the aircraft and immediately enter the restricted area of the airport, except in the case of a medical or other emergency or other reasonable cause.

(2) If the port into which a person arrives in Nauru by sea has a restricted area, the person must disembark from the vessel directly into the restricted area, except in the case of a medical or other emergency or other reasonable cause.

(3) A person who has entered a restricted area on arrival in Nauru by air or sea commits an offence if he or she leaves that area and enters Nauru without being permitted to do so by an immigration officer and is liable to a maximum penalty of $10,000.

(4) If the port into which a person arrives in Nauru by sea does not have a restricted area, the person commits an offence if he or she disembarks from the vessel and enters Nauru without being permitted to do so by an immigration officer and is liable to a maximum penalty of $10,000.

21 Transit passenger does not enter Nauru

A transit passenger who does not leave the restricted area which he or she entered on arrival in Nauru, except to continue his or her journey, must be taken not to have entered Nauru.

22 Information to be provided on arrival

(1) For the purpose of section 9 (1) (b) of the Act the information that a person arriving in Nauru must provide to an immigration officer is the information required by this regulation to be provided on an arrival card.

(2) A person arriving in Nauru must complete an arrival card, sign a declaration on that card that the information provided by him or her on it is correct and give it to an immigration officer when requested to do so.

(3) Subregulation(2) does not apply to a commercial aircrew member.

(4) An arrival card must be in the form approved by the Secretary and require the passenger to provide on it the following information about himself or herself:

(a) family name and given names;

(b) passport number and date of expiry;

(c) nationality;

(d) usual occupation;

(e) flight number or name of vessel;

(f) country in which aircraft or vessel was boarded;

(g) intended address in Nauru;

(h) criminal convictions in any country for which a sentence of 2 years or more imprisonment was imposed (whether served or not) together with details of when and where the sentence was imposed;

(i) details of any refusal of a visa for, or of entry into, any country;

(j) details of any cancellation of a visa by any country;

(k) details of any removal or deportation from a country;

(l) if arriving to reside permanently in Nauru:

(i) previous country of residence;

(ii) reason for coming to reside in Nauru;

(m) if a resident of Nauru returning to reside in Nauru:

(i) amount of time spent away from Nauru;

(ii) country in which most of that time was spent;

(n) if a visitor or other temporary entrant:

(i) country of residence;

(ii) intended length of stay in Nauru;

(iii) main reason for coming to Nauru.

(5) An arrival card may require the provision of any other information that the Secretary considers it necessary or desirable to be provided.

23 Information to be provided on departure

(1) For the purpose of section 9 (1) (b) of the Act the information that a person departing from Nauru must provide to an immigration officer is the information required by this regulation to be provided on a departure card.

(2) A person departing from Nauru must complete a departure card, sign a declaration on that card that the information provided by him or her on it is correct and give it to an immigration officer when requested to do so.

(3) Subregulation(2) does not apply to a commercial aircrew member.

(4) A departure card must be in the form approved by the Secretary and require the passenger to provide on it the following information about himself or herself:

(a) family name and given names;

(b) passport number;

(c) nationality;

(d) usual occupation;

(e) flight number or name of vessel;

(f) country in which aircraft or vessel will be disembarked;

(g) address in Nauru;

(h) if a visitor or other temporary entrant, length of stay in Nauru;

(i) if a resident of Nauru departing temporarily:

(i) intended length of stay overseas;

(ii) country in which most of that time will be spent;

(iii) main reason for overseas travel;

(j) if a resident of Nauru departing permanently, country of future residence.

(5) A departure card may require the provision of any other information that the Secretary considers it necessary or desirable to be provided.

24 Departing or transiting passengers in restricted area

A person in the process of leaving or transiting through Nauru who is lawfully in a restricted area commits an offence if he or she leaves that area except:

(a) to board the aircraft or vessel on which he or she is departing from Nauru; or

(b) with the permission of an immigration officer;

and is liable to a maximum penalty of $10,000.

PART 4 — MISCELLANEOUS

25 Review of decisions

The Minister cannot delegate to the Secretary or the Principal Immigration Officer his or her power to review a decision under section 12 of the Act.

26 Review of decisions

Except for the exception granted under section 13 (5) of the Act, the President cannot delegate to anyone his or her power to review a decision under section 13 of the Act.

27 Repeal

The Immigration Regulations 2013, Immigration (Amendment) Regulations 2013 are repealed.

28 Transitional provision

(1) If an application for a visa was made under the Immigration Regulations 2013 but not determined by the Principal Immigration Officer before the commencement of these Regulations, he or she may deal with the application under these Regulations as if it were an application for the corresponding visa under these Regulations.

(2) For the purpose of subregulation(1), a visa of a kind specified in column 1 of the Table corresponds to a visa of the kind specified opposite it in column 2 of that Table: