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Deportation (Amendment) Act 1982

REPUBLIC OF KIRIBATI
(No. 2 of 1982)

We assent,

Rota Onorio
Chairman
Public Service Commission

J.R. Jones
Member
Chief Justice

A. Taniera
Member
Speaker

The Council of State performing in accordance with the Constitution the functions of the Beretitenti.

AN ACT TO AMEND THE DEPORTATION ACT (CAP 25)

Commencement: 1982

MADE by the Maneaba ni Maungatabu and assented to by the Council of State.

Short Title

1. This Act may be cited as the Deportation (Amendment) Act, 1982.

Amends section 4 of Cap. 25

2. Section 4 of the Deportation Act (in this Act referred to as "the principal Act") is amended –

(a) in subsection (3), by repealing the words "subject to section 6"; and

(b) in subsection (5), by repealing paragraph (c) and substituting the following paragraph –

"(c) If the Minister is satisfied that the presence of the alien in Kiribati is contrary to the public good"; and

(c) by repealing subsections (7) and (8).

Repeals and replaces section 6 of Cap. 25

3. Section 6 of the principal Act is repealed and the following section is substituted –

"Certain orders made by Minister not subject to appeal

6. The making of a deportation order by the Minister in reliance on the provisions of section 4(5)(a), (b) or (c) shall not be subject to hearing, review or appeal by any person, court of tribunal".

Repeals and replaces Schedule to Cap. 25

4. The Schedule to the principal Act is repealed and the following Schedule is substituted–

"SCHEDULE
(Section 4(1))
Form 1

REPUBLIC OF KIRIBATI

Deportation Act (Cap. 25)

DEPORTATION ORDER

*WHEREAS , a person who is not a citizen of Kiribati, was on (date of conviction) convicted by (name of convicting court) of an offence punishable by imprisonment otherwise than only in default of payment of a fine, namely (specify offence of which convicted), and the said court recommended to the Minister that deportation order be made against the said :

or

*WHEREAS I am satisfied that , a person who is not a citizen of Kiribati, has insufficient means to support himself and his dependants (if any):

NOW THEREFORE I, , the Minister of † by virtue of the powers conferred by the Deportation Act order that the said leave Kiribati and remain out of it while this Order remains in force:

AND I do further order that the sentence of (period of imprisonment) imprisonment expiring on to which the said was sentenced on (date of sentence) by (name of sentencing court) (any further details necessary to identify offence and sentence) be completed before this Order is carried into effect.

This Order takes effect on 19 .

‡ This Order is subject to the following conditions –

(Specify conditions)


Dated this day of , 19 .


Minister of †§


* Delete whichever is inapplicable
† Title of Minister
‡ Delete if inapplicable

§ or other title of person signing order

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THE DEPORTATION (AMENDMENT) ACT 1982

EXPLANATORY MEMORANDUM

The Deportation Ordinance Cap. 25 laid down that a Deportation Order may be made:

1. Where a Court recommended deportation

2. If the alien has insufficient means of support

3. If the presence of the alien is dangerous e.g. to public safety and public order (inter alia)

4. If the presence of the alien is otherwise contrary to the public good.

The alien under Cap. 25 was given a right of appeal to the High Court which could be used improperly by the alien to achieve delay. It is felt that the making of a deportation order should be solely a matter in the discretion of the Minister, if he considers (the only ground) that the presence of the alien is contrary to the public good.

The amending Act has been so drafted, and the right of appeal to the Court has been removed. The decision of the Minister will therefore be final.

R.L. Davey
Attorney General