WIXLIB

IMMIGRATION(b) to cause to be made such enquiries as it thinksexpedient in respect of any matters concerningor connected with any of the designated mattersor in regard to any other matters in respect ofwhich the permission, approval or consent ofany Immigration Officer or the Board is requiredunder this Act;(c) in respect of matters connected with the designated matters, to cause such statistical data to beobtained and recorded, and such records orreports to be published, as it may thinkexpedient;(d) to cause records to be kept and maintained of theentry of all persons into The Bahamas and of thedeparture of all persons from The Bahamas;(e) to exercise the powers and duties conferred uponthe Board under the provisions of this Act.(2) For the purpose of the exercise of any functionof the Board, the Board may authorise the Minister toexercise on its behalf any power, including any power togive directions, conferred upon the Board under theprovisions of this Act other than a power which isexpressed to be exercised by the Board in its absolutediscretion and in such case the exercise of a power by theMinister so authorised shall be deemed to be for allpurposes an exercise of the power by the Board.(3) Without prejudice to anything in the EvidenceAct any record required to be kept under the provisions ofparagraph (d) of subsection (1) of this section shall bereceived in evidence in any court or in any tribunalwhatsoever in The Bahamas as evidence prima facie of anyentry or particulars entered therein.[CH.191 – 9Ch. 65.PART IIIIMMIGRATION OFFICERS7. (1) The Governor-General acting in accordancewith the advice of the Public Service Commission, shallappoint a person to be the Director of Immigration whoshall be the executive officer of the Board and who shall,subject to the provisions of this Act, be charged with thegeneral administration of this Act.Appointment ofImmigrationOfficers.E.L.A.O., l Service 2001]STATUTE LAW OF THE BAHAMAS

CH.191 – 10]General powersof ImmigrationOfficers.18 of 1973,Fourth Sch.;26 of 1975,s. 3 & Sch.IMMIGRATION(2) The Governor-General acting in accordancewith the advice of the Public Service Commission, shallappoint such number of persons to be Deputy Directors ofImmigration and Immigration Officers for the purposes ofthis Act as may from time to time be authorised byParliament.(3) Subject to the provisions of subsection (4) ofthis section, the Board may from time to time give to theDirector of Immigration, any Deputy Director of Immigration or Immigration Officer, general or special directions, not inconsistent with the provisions of this Act, as tothe exercise or performance of any of their powers,discretions or functions under this Act and the Director ofImmigration and all Deputy Directors of Immigration andImmigration Officers shall comply with any such generalor special directions so given.8. (1) For the purpose of exercising his powers andfunctions and carrying out his duties under this Act, anyImmigration Officer may —(a) board any ship within the territorial waters ofThe Bahamas or any aircraft which has landed inThe Bahamas;(b) without a search warrant, search any such shipor aircraft or anything contained therein or anyvehicle being landed in The Bahamas from anysuch ship or aircraft;(c) interrogate any person reasonably supposed notto be a citizen of The Bahamas or to be apermanent resident who —(i) desires to enter or leave The Bahamas;(ii) being in The Bahamas, is reasonablysuspected of having entered without leavein contravention of section 19;(iii) having been granted leave to land in TheBahamas for a specified period is reasonably believed to have remained in TheBahamas in excess of that period;(iv) being in The Bahamas is reasonably believed to be engaging, or to have engaged,in gainful occupation in The Bahamaswithout having been granted a permitpermitting him so to do under section 30;STATUTE LAW OF THE BAHAMAS[Original Service 2001]

IMMIGRATION(d) require any person who desires to enter or leaveThe Bahamas to make and sign any prescribedform of declaration;(e) require any person who desires to enter TheBahamas to submit to be examined by a medicalpractitioner appointed in that behalf by theMinister for the time being responsible forHealth and to undergo, and to assist in thecarrying out of, any test or investigation whichsuch medical practitioner may require; and(f) require the master of a ship or captain of anaircraft arriving from or leaving for any placeoutside The Bahamas, or the agent of such shipor aircraft to furnish a list in duplicate signed byhimself of the names of all persons in the ship oraircraft and such other information as may berequired.(2) Any Immigration Officer may, in writing,summon for the purposes of interrogation any personwhom he is empowered by paragraph (c) of subsection (1)of this section to interrogate, and may require any suchperson to produce any document in his custody orpossession or under his control relating to any matter uponwhich he may be interrogated.(3) Any Immigration Officer investigating anyoffence or alleged or suspected offence under this Act orany regulations shall have all the powers, privileges, protections and authorities conferred by law on a police officer forand in relation to the investigation of an offence.9. If any Immigration Officer or police officer hasreasonable cause to suspect that any person, other than acitizen of The Bahamas or a person who is a permanentresident, has committed an offence under this Act or anyregulations and if it appears to him to be necessary to arrestsuch person immediately in order to secure that the ends ofjustice for the purposes of this Act shall not be defeated, hemay arrest such person without warrant whereupon theprovisions of section 18 of the Criminal Procedure CodeAct shall apply in every such case.[CH.191 – 11Powers of arrest.18 of 1973,Fourth Sch.;26 of 1975, s. 3 &Sch.; 38 of 1968,s. 263 & Sch.Ch. �–––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS

CH.191 – 12]Penalties forfailing to answerinterrogations.Admissibility ofanswers given ininterrogation.IMMIGRATION10. Any person who —(a) having been summoned under the provisions ofsection 8(2) without reasonable excuse fails toattend at the time and place appointed; or(b) refuses or fails to answer fully and truthfully anyquestion or enquiry lawfully put to him in thecourse of interrogation under the provisions ofparagraph (c) of section 8(1); or(c) gives any answer which he knows or has reasonable cause to believe to be false or misleading toany such question or inquiry, as aforesaid; or(d) when required to produce any document underthe provisions of section 8(2), refuses or fails toproduce within a reasonable time any suchdocument which it is in his power to produce,or, with the intention of misleading any Immigration Officer produces any document which heknows or has reasonable cause to believe to befalse or misleading; or(e) otherwise knowingly misleads or attempts tomislead any Immigration Officer acting underthe provisions of paragraph (c) of section 8(1) orsection 8(2),shall be guilty of an offence against this Act.11. (1) All answers to questions lawfully put ininterrogation under paragraph (c) of section 8(1) and alldocuments produced on requisition under section 8(2) shallbe admissible in evidence, in relation to any matter arisingunder or connected with this Act or any regulations, in anyproceedings to which this section applies.(2) This section shall apply to —(a) any civil proceedings; and(b) any criminal proceedings in respect of anoffence under section 10 of this Act.(3) Nothing in this section shall be construed asrendering any such answer or document inadmissible inevidence in any proceedings in which it would otherwisebe admissible.STATUTE LAW OF THE BAHAMAS[Original Service 2001]

IMMIGRATION12. It shall be the duty of every police officer andcustoms officer to aid and assist generally in carrying outthe provisions of this Act; and if any contravention of, orfailure to comply with, any of the provisions of this Act orany regulations shall become known to any police officeror customs officer it shall be his duty to report the sameforthwith to an Immigration Officer.[CH.191 – 13Duty of policeand customsofficer inadministration ofthis Act.PART IVCERTIFICATE OF PERMANENT RESIDENCE13. (1) The Board may, in its absolute discretion,upon application being made in the prescribed form and onpayment of the prescribed fee, grant a permanent residencecertificate to any person who —(a) is not less than eighteen years of age;(b) is of good character; and(c) in his application has stated his intention ofresiding permanently in The Bahamas.(2) A certificate granted under subsection (1) of thissection may be made subject to such conditions as theBoard may impose, including, without prejudice to thegenerality of the foregoing, a condition that the applicantshall not engage in any gainful occupation without a permitissued in respect of that employment under section 29.14. (1) Notwithstanding section 13 where a personapplies under that section for a permanent residencecertificate and that person, at the date of the application —(a) is married to a citizen of The Bahamas;(b) is not a citizen of The Bahamas or a permanentresident;(c) is not living apart from the other party to themarriage under a decree of a competent court orunder a deed of separation;(d) being a husband, has so lived continuously withthe other party to the marriage for a period ofnot less than five years,the Board may, in its absolute discretion, grant a certificateunder section 13 to the applicant and where a certificate isgranted it shall not contain any condition restricting theright of the holder to engage in gainful employment.Certificate ofpermanentresidence.26 of 1975, s. 2.Certificate ofpermanentresidence forspouse ofBahamiancitizen.12 of 1978, s. –––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS

CH.191 – 14]Certificate ofpermanentresidence forissue ofBahamianmarried woman.4 of 1997, s. 2.Wives andchildren ofpermanentresidents.26 of 1975, s. 2.Duration ofpermanentresidencecertificate.26 of 1975, s. 2.IMMIGRATION(2) A person may be granted a certificate ofpermanent residence under this section notwithstandingthat he has not attained the age of eighteen years.(3) The making of an application by a person whocomes within the provisions of this section for a certificateof permanent residence under section 13 shall not prejudiceany application previously made by that person forregistration as a citizen of The Bahamas.15. (1) Notwithstanding section 13, where a personapplies under that section for a permanent residencecertificate and that person —(a) was born legitimately, outside The Bahamas, toa married woman who is a citizen of TheBahamas but whose husband is not a citizen ofThe Bahamas; and(b) is eighteen years of age or over,the Board shall grant a certificate under section 13 to theapplicant and where any such certificate is granted, it shallnot contain any condition restricting the right of the holderto engage in gainful occupation.(2) An application made under subsection (1) byany person, for a certificate of permanent residence, shallnot prejudice any application previously made by thatperson for registration as a citizen of The Bahamas.16. (1) When a permanent residence certificate isgranted under section 13, the Board may, in its absolutediscretion, then, or on a subsequent application in theprescribed form, endorse the certificate to apply to the wifeor any dependent child of that person ordinarily residentwith him.(2) Any endorsement under subsection (1) of thissection may be made subject to such conditions as theBoard may impose, including, without prejudice to thegenerality of the foregoing, a condition that the wife ordependent child, as the case may be shall not engage in anygainful occupation without a permit issued in respect ofthat employment under section 30.17. A permanent residence certificate shall remainin force during the lifetime of the person to whom it isgranted, unless and until it is revoked under section 18.STATUTE LAW OF THE BAHAMAS[Original Service 2001]

IMMIGRATION18. (1) Subject to subsection (3) of this section, theBoard may revoke a permanent residence certificate on theground that the person to whom it was granted —(a) has shown himself by act or speech to bedisloyal or disaffected towards The Bahamas; or(b) has, during any war in which The Bahamas wasengaged, unlawfully traded or communicatedwith an enemy or been engaged in or associatedwith any business that was to his knowledgecarried on in such a manner as to assist anenemy in that war; or(c) has within five years of the grant of thecertificate been imprisoned in any country for acriminal offence for a period of one year ormore; or(d) has so conducted himself that in the opinion ofthe Board it is not in the public interest that heshould continue to enjoy the privileges conferredby the certificate; or(e) subsequent to the grant of the certificate, hasbeen ordinarily resident outside The Bahamasfor a continuous period of three years; or(f) has obtained the certificate by means of fraud,false representation or the concealment of anymaterial fact; or(g) being a person to whom section 14 applies —(i) is living apart from the other party to themarriage under a decree of a competentcourt or a deed of separation; or(ii) has ceased by reason of the dissolution orannulment of the marriage to be married tothe spouse with whom he lived when thecertificate was granted;(iii) subsequent to the death of the other partyto the marriage, marries a person who isnot a citizen of The Bahamas;(h) has at any time been convicted by a competentcourt in a Commonwealth country of treason;(i) has at any time been convicted by a competentcourt in any country of any criminal offencepunishable by death or imprisonment for sevenyears or more;[CH.191 – 15Revocation ofpermanentresidencecertificates andendorsements.26 of 1975, s. 2.12 of 1978, s. –––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS

CH.191 – 16]12 of 1978, s. 3.IMMIGRATION(j) has failed to observe any condition to which thecertificate was made subject.(2) Subject to subsection (3) of this section, theBoard may revoke an endorsement on a permanentresidence certificate on the ground that —(a) any condition to which the endorsement issubject has not been fulfilled; or(b) the person named, having been named as awife —(i) is living apart from her husband under adecree of a competent court or under adeed of separation; or(ii) has ceased to be married to her husband byreason of dissolution or annulment ofmarriage.(c) the person named having been named as adependent child —(i) has attained the age of eighteen years; or(ii) being a child to whom Article 7 or 9 of theConstitution applies, has attained the age oftwenty-one years or has had his applicationunder Article 7 or 9 determined, whicheveris earlier.(3) Before the revocation of a certificate undersubsection (1) of this section, or of an endorsement undersubsection (2) of this section, the Board shall, in writing,inform —(a) the person to whom the certificate was granted;and(b) where it is proposed to revoke the endorsementof the name of the wife, the person so named,of the grounds on which it is proposed to revoke thecertificate or endorsement, as the case may be, and shallgive any person so informed an opportunity to be heard.PART VENTRY INTO THE BAHAMASRestriction onlanding andembarking.19. (1) Subject to the provisions of this Act, aperson shall not land in The Bahamas from any placeoutside The Bahamas or embark in The Bahamas for anydestination outside The Bahamas —STATUTE LAW OF THE BAHAMAS[Original Service 2001]

IMMIGRATION(a) save with the leave of an Immigration Officer;and(b) elsewhere than at an authorised port or at suchother place as an Immigration Officer may inany particular case allow.(2) Any person landing or embarking in TheBahamas in contravention of this section shall be guilty ofan offence and liable on summary conviction to a fine notexceeding three hundred dollars or to imprisonment for aterm not exceeding twelve months or to both such fine andimprisonment.(3) The Director of Immigration may by order inwriting direct the removal from The Bahamas of anyperson who has been convicted of an offence against theprovisions of subsection (2) of this section and has beensentenced therefor to a term of imprisonment, and suchperson may, at any time before the expiration of hissentence, be placed on board any ship or aircraft about toleave The Bahamas and which is specified in the order andshall be deemed to be in legal custody until the departureof such ship or aircraft.(4) The master of any ship or the captain of anyaircraft and the owner and any agent of the owner of anyship or aircraft from or in which a person lands or embarksin contravention of the provisions of this section shall beguilty of an offence against this Act and liable —(a) on summary conviction to a fine of one thousanddollars or to imprisonment for a term notexceeding two years or to both such fine andimprisonment; or(b) on conviction upon information in the SupremeCourt to a fine of five thousand dollars or toimprisonment for a term not exceeding fiveyears or to both such fine and imprisonment:Provided that it shall be a good defence in proceedings against any such master, captain, owner or agent,under this subsection for him to prove to the satisfaction ofthe court that he did not know and had no means ofknowing that such person had so landed or embarked.(5) In any proceedings under this section evidencethat any person found in The Bahamas is not a citizen ofThe Bahamas and not a permanent resident and that there isno record of him having had the leave of any Immigration[CH.191 – 1718 of 1973,Fourth Sch.;26 of 1975,s. 3 & ��–––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS

CH.191 – 18]Persons entitledto land andembark.26 of 1975, s. 3 &Sch.12 of 1978, s. 3.Crew membersand persons intransit.IMMIGRATIONOfficer to land in The Bahamas shall be evidence of hishaving landed in The Bahamas in contravention of thissection, until the contrary is shown to the satisfaction of thecourt.(6) Notwithstanding anything contained in any otherAct concerning the time within which any prosecutionmust be commenced, a prosecution for an offence againstthis section may be commenced at any time.20. (1) Notwithstanding any other provisions of thisAct, a person shall be entitled to land or embark in TheBahamas and shall be permitted by any ImmigrationOfficer so to land or embark, if he satisfies the Immigration Officer that he comes within any of the followingcategories —(a) citizens of The Bahamas;(b) permanent residents;(c) persons who are diplomatic or consular officersor representatives or officials duly accredited ofa country other than The Bahamas, or of theUnited Nations or any of its agencies or of anyinter-governmental organisation in which TheBahamas participates, coming to The Bahamasto carry out their officials’ duties;(d) persons employed in the service of the Government of The Bahamas;(e) persons whom an Immigratio

IMMIGRATION [CH.191 - 5 LRO 1/2010 STATUTE LAW OF THE BAHAMAS CHAPTER 191 IMMIGRATION An Act to repeal and replace the Immigration Act. [Assent 19th October, 1967] [Commencement 2nd November, 1967] PART I INTRODUCTORY 1. This Act may be cited as the Immigration Act. 2. (1) In this Act unless the context otherwise requires —