ALIENS - Ghana Immigration Service

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ALIENST I E ALIENS ACTARRANGEMENT OF SECTIONSPARTI. Preliminary1. Short tide.2. Interpretation.3. Retention of nationality.4.Appointment of immigration offimrs.9.10.PARTII. Admission of AliensRestriction on landing of aliens.Eligibility for admission.Power to impose and vary conditions to grant of leave to aliento land.Furnishing of security.Inspection and detention of aliens.Master to furnish returns. Supervision and Deportafion of AliensRegistration.Particulars to be furnished by hotel keepers and others.Registration authorities and officers.Special restrictions.Deportation orders.Expenses of deportation.5.6.I. GeneralPower to grant exemptions.Documents of identity and furnishing of information.Revocation and variation of orders, etc.offences and penalties.Powers of arrest.ReguIations.Saving for consuls, etc.SCHEDULESme inclusion of this page is authorizsd by L.N. 480119731M1

3ALIENSTHE ALIENS ACT[28zh February, 1946.1Cap. 9.Acts48 of 1964S. 11.25 ofUBI.PART1. Preliminarya1. This Act may be cited as the Aliens Act.2. In this Act-lntcrpreta-“embark” includes departure by any form of conveyance;“Hedth Officer” means any registered medical piactitionerappointed by the Governor-General to be a HealthOfficer for the purposes of this Act;“keeper” where used in relation to premises where accommodation is provided for reward, includes any personwho for reward receives any other person to lodge inthe premises either on his own behalf or as a manageror otherwise on behalf of any other person;“lands” includes arrival or entry by any form of conveyance, and references to landing shall, unless the contextotherwise implies, be deemed to include references toattempting to land;“member of a crew” means any person employed in theworking or service of a vessel;“passenger” means any person, other than a seaman,travelling or seeking to travel on board a vessel;“port” includes any place where a person lands in orembarks from the Island;“residence” means ordinary dwelling-place and, where analien has more than one dwelling-place, each of suchdwelling-places; and “resident” shall have a corresponding meaning;induslon of t h s p g eShort titleISa u t b r i d by L N 7 7 /19891tim.

4ALIENS“seaman” means an officer or member of the crew of avessel;“vessel” includes aircraft; and “master of a vessel”includes the pilot of an aircraft.Retentionof nsnonality.Appoint:,,,:nt ofimmigration3. For the purpose of this Act(a) where an alien is recognized as a national by thelaw of more than one foreign State, or where forany reason it is uncertain what nationality (ifany) is to be ascribed to an alien, that alien maybe treated as the national of the State with whichhe appears to be most closely connected for thetime being in interest or sympathy, or as being ofuncertain nationality or of no nationality;(b) where a deportation order under the AliensA d h s i o n and Deportation Regulation Law (nowrepealed) or under this Act is in force againstany person, that person shall, unless the Ministerotherwise directs, be deemed to retain his nationality as at the date of the order, notwithstandingany intervening naturalization, marriage or anyother event.4.-(1) The Governor-General may appoint a ChiefImmigration Officer and also immigration officers for all orany specified parts of the Island for the purpose of carryingout the provisions of this Act and of any other enactmenirelating to immigration or deportation.(2) Subject to any special or general instructionsissued by the Minister, officers appointed under this Actshall have power to enter or board any vessel and to detainand examine any person arriving at or leaving any port inthe Island who is reasonably supposed to be an alien, andto require the production of any documents by such person,and shall have such other powers and duties as are conferred[The inclusion of rhis w e i s aubrizsd by LN. 171 19891c

A LIENS5upon them by or under this Act or as may be prescribed forgiving effect to this Act.PART 11. Admission of Aliens5. Subject to such exemptions as may be made by theMinister under section 17, an alien coming from outside theIsland shall not land in the Island except with the leave ofan immigration officer.6. Leave shall not be given to an alien to land in theIsland unless he complies with the following conditions,that is to say-Restriction ,! i"gOfEligibilityforadmiSSiOn he is in a position to support himself and hisdependents;if desirous of entering the service of an employerin the Island, he produces a permit in writingissued to him and in his name under the provisions of the Foreign Nationals and Commonwealth Citizen (Employment) Act;he is not a person of unsound mind or a mentallydefective person;he is not the subject of a certificate given to theimmigration officer by a Health Officer that formedical reasons it is undesirable that the alienshould be permitted to land;he has not been sentenced in a foreign country forany extradition offence within the meaning of theExtradition Act;he is not the subject of a deportation order in forceunder this Act or under the Aliens Admission andDeportation Regulation Law (now repealed);he has not been prohibited from landing by theMinister;[The inclusion of this page is authorized by L.N. 87/2004]4811964S. 1 1 .1

ALIENS( h ) he is in possession of a visa (unless he is a nationalof a country with which an agreement for the mutualabolition of visas is in force);(i) he fulfils such other requirementsas may beprescribed.Power toimpose andv,, condilions to grantof leave toalien to land.7.-(1)An Immigration Officer, in accordance with generalor special directions of the Minister, may attach such conditionsas he may think fit to the grant of leave to an alien to land in theIsland, and the Minister or the Chief Immigration Officer actingunder the directions of the Minister may at any time vary suchconditions in such manner as he thinks fit and the alien shallcomply with the conditions so attached or varied.0(2) An immigration officer may require an alien, as acondition of granting him leave to land, to give theprescribed security, and the Chief Immigration Officer mayrequire an alien, as a condition of granting a variation ofa condition attached to the leave to land, to give theprescribed security.(3) An alien who fails to comply with any conditionattached to the grant of leave to land or imposed by way ofvariation of any condition so attached, or an alien who isfound in the Island at any time after the expiration of theperiod limited by any such condition, shall for the purposeof this Act be deemed to be an alien to whom leave to landhas been refused.FUmi"ingof security.8.-(1) Whenever security has to be furnished by an alienunder this Act such security shall be in the form of a depositmade with the Accountant-General and the amount thereofshall, according to the case be(a) sixty dollars if he belongs to Colombia orVenezuela or a country forming part of the continent of America to the north of those countries,[The inclusion of this page is authorized by L.N. 87120041d)

A LlENSor to any of the Islands of the North AtlanticOman;(b) one hundred dollars if he belongs to a countryforming part of the continent of America to thesouth of Colombia or Venezuela, or to a countryforming part of the continent of Europe or ofAfrica;(c) two hundred dollars if he belongs to any othercountry :Provided that in special cases, to be approved by theMinister,the alien may give a security bond with one ormore sureties acceptable to the Chief Immigration Officer.( 2 ) Any s u m deposited under subsection (1) may beapplied in meeting any charges incurred by public orparochial funds for the maintenance of the alien or hisdependents or incurred otherwise in connection with him orthem while in the Island m for his or their deportation.or repatriation and the balance, if any, or the whole, ifno part is applied as aforesaid, shall only be refunded uponthe fulfilment of the oonditions attached to the grant ofleave to land or imposed by way of variation of such conditions, and upon the alien leaving the Island within theperiod limited by such conditions, or upon the cancellationof the conditions by the Minister.9.-(1) An immigration officer or a Health officer mayinspect any alien seeking to land in the Island and anysuch inspection shall be made as soon as practicable afterhis arrival.(2) For the purpose of such inspection an alien mayland temporarily and, provided he submits himself forthwith to such inspection,shall be deemed not to have landed.Any such alien may be detained in such manner as theMinister may direct and while so detained shall be deemedto be in legal inclusion of this page ia authorized by L.N. 480119731Inspection:z: k".alicnr,

8ALlENS(3) An alien landing in contravention of this Actand an alien seaman who, having been granted temporaryshore leave during his vessel's stay in port, is reasonablysuspected of having acted or of being about to act in contravention of this Act may, notwithstanding any intervening prosecution, be detained in such manner as theMinister may direct, until dealt with under subsection (3,or otherwise in accordance with the provisions of this Act,and whilst so detained shall be deemed to be in legalcustody.(4) Where leave to land is refused to an alien, thealien may, with the leave of an immigration officer, beplaced temporarily on shore and detained at some placeapproved by the Minister, and whilst so detained shall bedeemed to be in legal custody and not to have landed.Any alien to whom this subsection appliesshall be removed from the Island by the master of thevessel in which he arrived or, if directions for the purposeare given by the Minister or an immigration officer, by theowner or agents of that vessel, to the country of which heis a national or from which he embarked for the Island,or where, if a seaman, he was engaged.(b) It shall be lawful (notwithstanding any intervening prosecution) for an immigration officer or anyconstable to place any alien to whom this subsection applies,on board the vessel in which he arrived in the Island oron board any vessel belonging to the same owners, forremoval from the Island.(c) This subsection shall apply to(i) any alien to whom leave to land has beenrefused;(ii) any alien who, not having been grantedleave to land, is found on shore in theIsland;(5)(0)me inclusion of this page is authorized by L.N. 480/19731

ALIENS(iii) any alien seaman who having beengranted temporary shore leave duringhis vessel's stay in port is reasonablysuspected of having acted or of beingabout to act in contravention of thisAct :Provided that this subsection shall not apply if a periodexceeding two months has elapsed since the date of the lastarrival of the alien in the Island.(6) The master of any vessel arriving a t a port inthe Island may detain on board any alien until inspected orlanded for inspection under this section, and shall on therequest of an immigration officer so detain any alien arriving in that vessel, whether seaman or passenger, to whomleave to land has been refused by an immigration officer,and any alien so detained shall be deemed to be in legalcustody.(7) Any alien landing or embarking at any place inthe Island shall, on being required to do so by an immigration officer or constable acting under general or specialdirections of the Minister, make a declaration as to whetheror not he is carrying or conveying any letters, writtenmessages or memoranda, or any written or printed matter,including plans, photographs and other pictorial representations, and, if so required, shall produce to the officer anysuch letters, messages, memoranda or written or printedmatter, and the officer may search any such alien and anybaggage belonging to him or under his control with a viewto ascertaining whether the alien is carrying or conveyingany such letters, messages, memoranda or written or printedmatter, and may examine and detain, for such time as hemay think proper for the purpose of such examination, anyletters, messages, memoranda or written or printed matterproduced to him or found on such search.meBBinclusion of this page is authorized by L.N. 480/1973]9

ALIENS10Master tofurnishThe master of any vessel landing or embarkingpassengers coming from or bound for a destination outsidethe Island at any port in the Island shall furnish, to suchperson and in such manner as may be prescribed, a returngiving the prescribed particulars with respect to anypassengers who are aliens, and every passenger shall furnishto the master of the vessel any information required by himfor the purpose of the return.10.-(1)(2) The master of any vessel arriving at any port inthe Island from a port outside the Island shall furnish, tosuch person and in such manner as may be prescribed, areturn giving the prescribed particulars with respect to anymembers of the crew who are aliens.Registra-tion.FirstSchedule.PART 111. Supervision and Deportation of Aliens11.-(1) An alien shall comply with the followingrequirements as to registration(a) he shall, as soon as may be, furnish to the registration officer of the registration district in whichhe is resident particulars as to the matters set outin the First Schedule, and shall, unless he givesa satisfactory explanation of the circumstanceswhich prevent his doing so, produce to the registration officer either a passport furnished with aphotograph and duly issued to him or renewed inhis favour not more than five years previously orsome other document satisfactorily establishing hisnationality and identity;(b) he shall furnish to the registration officer of theregistration district in which he is resident particulars of any circumstances affecting in anymanner the accuracy of the particulars previouslyfurnished by him for the purpose of registrationwithin seven days after the circumstance hasoccurred, and generally shall supply to the regis [The inclusion of this page is authorized by L.N. 480119731

ALIENStration officer all information (including, whererequired by the registration officer, a recent photograph) that may be necessary for maintaining theaccuracy of the register kept under this Act;(c) he shall, if he is about to change his residence,furnish to the registration officer of the registration district in which he is then resident particulars as to the date on which his residence is to bechanged and as to his intended place of residence,and on effecting any change of residence from oneregistration district to another he shall, withinforty-eight hours of his arrival in the registrationdistrict into which he moves, report his arrival tothe registration officer of that district;(d) if at any time he is absent from his residence fora period exceeding such period as may beprescribed by regulation, he shall report to theregistration officer of the district of his residencehis current address and every subsequent changeof address including his return to his residence;(e) he shall(i) on his registration, obtain from the registration officer a registration certificate;(ii) on every subsequent alteration or additionof any entry in the register relating to hisregistration, produce the certificate to theregistration officer in order that, if necessary, a corresponding alteration or additionmay be made in the certificate;(iii) produce the certificate upon demand to anypolice officer or immigration officer or anyother person authorized by the Minister forthe purpose.m e inclusion of this page is authorized by L.N. 480/1973111

ALIENS12( 2 ) If an alien has no residence in the Island heshall attend at the office of a registration officer and, so faras possible, supply the particulars that would be requiredunder this section if he were resident in the district of thatofficer, and shall report to the registration officer of anyother district in which he stays for more than twenty-fourhours. He shall also give notice to the registration officerto whom he has last reported of any intended change ofaddress :Provided that if any alien not having a residence inthe Island shall supply to a registration officer the nameand address of a Commonwealth citizen resident within theregistration district of that officer md being a banker,solicitor, or the keeper, manager, or secretary, of a hotelor of a tourist or theatrical agency or otherwise, and aperson who in the opinion of the registration officer is aperson of respectability and good credit, the alien shall bedeemed to be resident at that address, and the provisionsof this section (other than subsection (1) (d)as to reportingthe current address) shall apply accordingly, and it shall bethe duty(U) of any such alien to keep the Commonwealthcitizen whose name and address has been so supplied informed as to his current address;(b) of the Commonwealth citizen on demand tofurnish to any registration officer all informationin his possession as to the alien.(3) If an alien who is required under this section toregister or report is lodging with, or living as the memberof the household of, any other person, it shall be the dutyof that person to take steps, either by giving notice to theregistration officer of the presence of the alien in his household or otherwise, to secure compliance with the terms ofthis Act in respect of the registration of or reporting bythe inclusion ofthis page is authorized by L.N. 480/1973]

ALIENS13(4) A registration certificate shall be in such formand shall contain such particulars as may be prescribed.(5) An alien registered in accordance with theprovisions of the Aliens Restriction (Defence) Regulations,1940, at the time of the coming into force of this Act shallbe deemed to be registered at that time in accordance withthe provisions of this section.(6) The provisions of this section shall not applyto(a) any person under the age of sixteen years;(b) any alien not resident in the Island who has beenin the Island for a period not longer than suchperiod as may be prescribed by regulation;(c) any alien seaman not resident in the Island whosevessel remains at a port in the Island and whodoes not land in the Island for discharge;(d any person of Chinese, Syrian or Lebanese nationality who was ordinarily resident in the Islandduring the two years next preceding the third dayof September, 1939, except the Minister shall inany particular case or by order otherwise direct.12.41) It shall be the duty of the keeper of any premisesto which this section applies to keep a register of all personsstaying at the premises who are aliens not being under theage of sixteen years.(2) The keeper of any premises to which this sectionapplies shall, on the arrival of any alien not being under theage of sixteen years at the premises, ascertain and enter orcause to be entered in the register kept for the purpose thename and nationality of such alien, together with the dateof his arrival and the address from which he last came; andon the departure of any such alien the keeper of the premisesshall enter or cause to be entered in the register the date ofdeparture and destination on departure of the alien, and if[The inclusion of this page is authorized byL.N. 480/19731Particularsg mhed?Jg1idOthaS.

ALIENS14required by the Minister he shall also ascertain and enterin the register from time to time such other particularsconcerning the alien as the Minister may direct.(3) The keeper of any premises to which this sectionapplies shall also, if directions for the purpose are issuedby the Minister, make to the registration officer of theregistration district in which the premises are situated, suchreturns concerning the persons staying at the premises, atsuch times or intervals and in such form, as may be specifiedin such directions.(4) It shall be the duty(U)of every person (whether an alien or not) stayingat any premises to which this section applies tosign, when so req

ALIENS 3 a Cap. 9. Acts 48 of 1964 25 of UBI. THE ALIENS ACT [28zh February, 1946.1 S. 11. PART 1. Preliminary 1. This Act may be cited as the Aliens Act. Short title lntcrpreta- tim. 2. In this Act- “embark” includes departure by any form of conveyance; “Hedth Officer” means any registered medical piactitioner

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