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Vanuatu Consolidated Legislation - 1988

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Immigration Act

Commencement: 24 March 1972

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 66

IMMIGRATION

JR 18 of 1971
JR 1 of 1972
JR 7 of 1972
JR 21 of 1980
Act 8 of 1984

ARRANGEMENT OF SECTIONS

SECTION

PART I
Preliminary Provisions

Interpretation

2. Application

PART II
Powers of Immigration Officers

3. Principal Immigration Officer and other officers
4. Powers of Principal Immigration Officer

PART III
Entry into Vanuatu

5 Visas and permits

Payment of deposit on or before entering Vanuatu
Deposit not to confer right of entry or residence
Refund of deposit

9. Exemptions from sections 5, 6, 7 and 8
10. Duties of masters of ships and passengers
11. Control of entry into Vanuatu

Persons entitled to enter without a permit

13. Permits to enter and reside
14. Visitor's permit

Prohibited immigrants

16. Effect of expiration or cancellation of permit

PART IV
Removal of Persons from Vanuatu

17. Power to remove persons from Vanuatu
18. Liability for expenses incurred in respect of a prohibited immigrant

PART V
Supplementary Provisions

19. Proof of documents

No suit or damages maintainable for things done in good faith under this Act

21. Appeals
22. Offences and penalties
23. Minister's power to make regulations

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IMMIGRATION

To regulate and control immigration into Vanuatu.

PART I
PRELIMINARY PROVISIONS

INTERPRETATION

1. In this Act, unless the context otherwise requires -

"child" means a legitimate or legitimated child or a stepchild or in relation to its mother an illegitimate child and includes an adopted child, having been adopted in a manner recognised by law;

"entry" with its cognate expressions and grammatical variations means -

(a) in the case of a person arriving by sea, disembarking in Vanuatu from the vessel in which he arrives;

(b) in the case of a person arriving by air at an airport designated in pursuance of the provisions of the Civil Aviation Act, Cap. 159, leaving the precincts of such airport; and

Provided that it shall not include an entry -

(i) made for the purpose of complying with this Act;

(ii) expressly or impliedly sanctioned by an immigration officer for the purpose of any enquiry under the provisions of this Act; or

(iii) caused solely by stress of weather or the condition of a ship or aircraft, if all such measures as are reasonably practicable are taken forthwith to notify such entry to the Principal Immigration Officer;

"family" means husband or wife, and children who are under 18 years of age;

"member of a crew" means any person employed in the working or service of a ship;

"Minister" means the Minister for the time being responsible for immigration or any Minister acting on his behalf;

"non-citizen" means a person who is not a citizen of Vanuatu;

"passport" includes any official travel document intended to serve in the place of a passport;

"permit" includes any kind of permit issued under the provisions of this Act and includes an exemption stamped on a passport under section 12(7);

"Principal Immigration Officer" includes any immigration officer to whom powers are delegated in accordance with section 3(2) and any police officer of the rank of sergeant and above;

"prohibited immigrant" means a prohibited immigrant as defined by section 15;

"residence" with its cognate expressions and grammatical variations means residence in Vanuatu which is not unlawful under this Act;

"seaman" means an officer or member of the crew of a ship;

"ship" except in relation to paragraphs (b) and (d) of subsection (1) of section 10 includes aircraft and the expression "master of a ship" includes (except in the proviso to subsection (2) of section 4) the commander of an aircraft;

"Vanuatu" means the Republic of Vanuatu;

"visitor" means a person in Vanuatu for an intended stay of any period not exceeding 4 months.

APPLICATION

This Act shall apply to the entry into, or the residence or continued residence in Vanuatu of all non-citizens and all matters connected therewith and the administration of this Act to and in respect of such persons shall be the responsibility of the Minister or the Principal Immigration Officer.

PART II
POWERS OF IMMIGRATION OFFICERS

PRINCIPAL IMMIGRATION OFFICER AND OTHER OFFICERS

(1) There shall be a Principal Immigration Officer and such other immigration officers as may be necessary.

(2) The Principal Immigration Officer may delegate in writing all or any of his powers, functions or duties under this Act either generally or in any area in Vanuatu, or for such periods or purposes as he may specify, to any immigration officer, and may at any time revoke or vary any such delegation.

(3) The Minister may from time to time give to the Principal Immigration Officer directions of a general nature, not inconsistent with the provisions of this Act, as to the exercise of any powers, discretions or functions or the performance of any duties under this Act, and the Principal Immigration Officer and other immigration officers shall comply with any such directions.

POWERS OF PRINCIPAL IMMIGRATION OFFICER

(1) For the purpose of exercising his powers and functions and carrying out his duties under this Act the Principal Immigration Officer may -

(a) without search warrant, enter upon or into and search any ship or vehicle in Vanuatu;

(b) interrogate any person who desires to enter Vanuatu, or any person whom he has reasonable grounds for believing to be a prohibited immigrant, or any person applying for extension of a permit or for exemption, or the master of any ship whom he reasonably believes can give material information regarding any such person as aforesaid, and may require any such person to produce such documents in his possession as may be necessary to enable the Principal Immigration Officer to carry out his duties under this Act;

(d) require any person who desires to enter Vanuatu to submit to be examined by a Government medical officer;

(e) require a deposit or bond or other security to be made or given in the form prescribed under this Act in respect of any person granted a permit and if any person who enters Vanuatu by virtue of such permit contravenes or fails to comply with any of the terms and conditions of the permit, the Principal Immigration Officer may, without prejudice to proceedings in respect of any offence thereby committed, forfeit any such deposit or sue and recover the amount secured by any such bond or other security; and any sum so forfeited or recovered shall be paid into the Treasury.

(2) If the Principal Immigration Officer has, or any police officer has, reasonable cause to suspect that any person has committed an offence against this Act, or that the presence of any person in Vanuatu is unlawful, and if it appears to be necessary to arrest such person immediately, he may arrest such person without a warrant:

Provided that where the person arrested is a person whom the Principal Immigration Officer, or the police officer, has reasonable cause to suspect is a prohibited immigrant and such person is a passenger or seaman on a ship, he may, if he consents, be handed over to the custody of the master of the ship until its departure from Vanuatu.

(3) Any person who -

(a) refuses or fails to answer fully and truthfully any question or inquiry put to him in the course of interrogation under paragraph (b) of subsection (1) of this section; or

(b) gives any answer which he knows or has reasonable cause to believe to be false or misleading to any such question or inquiry as aforesaid; or

(c) when required to produce any document under paragraph (b) of subsection (1) of this section, refuses or fails to produce within a reasonable time any such document which it is in his power to produce, or produces any document which he knows or has reasonable cause to believe to be false or misleading,

shall be guilty of an offence against this Act.

(4) Notwithstanding any rule of law to the contrary, all answers to questions lawfully put in interrogation and all documents produced under paragraph (b) of subsection (1) of this section, shall be admissible in evidence, in all proceedings under or relating to any matter arising under or connected with this Act.

PART III
ENTRY INTO VANUATU

VISAS AND PERMITS

(1) Any non-citizen not being a resident of Vanuatu who wishes to enter Vanuatu shall require a visa unless he is a citizen of a country exempted with or without limitations or conditions from visa requirements by order of the Minister.

(2) Any non-citizen not being a resident of Vanuatu who wishes to take up residence in Vanuatu shall apply to enter Vanuatu from outside and shall be in possession of a valid permit to enter prior to entry.

(3) No person may apply for a permit to reside in Vanuatu whilst temporarily present in Vanuatu as a permitted visitor or otherwise.

(4) Any non-citizen who wishes to enter Vanuatu as a visitor shall produce on demand by the Principal Immigration Officer at the place of entry or at any time evidence, satisfactory to the Principal Immigration Officer, of onward passage arrangements to a country which he will be able to enter.

PAYMENT OF DEPOSIT ON OR BEFORE ENTERING VANUATU

The Principal Immigration Officer may require any non-citizen on or prior to entering Vanuatu to deposit a sum with the Government which in the opinion of the Principal Immigration Officer, shall be sufficient to cover the cost of the repatriation of that person and those of his dependents accompanying him.

DEPOSIT NOT TO CONFER RIGHT OF ENTRY OR RESIDENCE

For the avoidance of doubt, it is hereby declared that the due compliance by any person with the requirements of section 6 shall not affect the exercise of any power or discretion conferred by this Act upon the Minister or the Principal Immigration Officer as to entry into, residence or continued residence in Vanuatu of such person.

REFUND OF DEPOSIT

Any sum deposited with the Government under the provisions of section 6 shall be refunded together with interest at the rate of 5 per cent per annum -

(a) at the expiration of 7 years from the date of deposit or such longer period as the Minister may in his discretion decide;

(b) upon the permanent departure from Vanuatu of the depositor and his dependents (if any);

EXEMPTIONS FROM SECTIONS 5, 6, 7 AND 8

9. Sections 5, 6, 7 and 8 shall not apply to -

(a) persons employed by the Government of Vanuatu;

(b) persons seconded to the Government of Vanuatu;

(c) members of diplomatic missions in Vanuatu;

(d) persons visiting Vanuatu and leaving on the same ship or aircraft;

(e) the families of persons referred to in the foregoing paragraphs.

DUTIES OF MASTERS OF SHIPS AND PASSENGERS

(1) The master of every ship arriving in Vanuatu from some place outside Vanuatu shall-

(a) deliver to the Principal Immigration Officer a complete list in duplicate of all passengers and seamen on the ship;

(b) not permit any person to disembark until disembarkation has been authorised by the Principal Immigration Officer;

(c) inform the Principal Immigration Officer if he knows or has reasonable cause for believing any person to be a prohibited immigrant, and prevent such person from disembarking unless authorised by the Principal Immigration Officer;

(d) prevent, with such reasonable force as may be necessary, the disembarkation of any person -

(i) who has been given into his custody under the proviso to subsection (2) of section 4; or

(ii) in respect of whom to his knowledge a removal order made under section 18 is in force; or

(iii) in respect of whom he has been notified by the Principal Immigration Officer in the form prescribed under this Act that such person is prohibited from landing in Vanuatu.

(2) Every person entering Vanuatu by sea or air from any place outside Vanuatu shall appear before the Principal Immigration Officer at such time and place as the Principal Immigration Officer may direct and shall furnish him with such information in such manner as he may require or as may be prescribed.

(3) If any master of a ship arriving in Vanuatu contravenes or fails to comply with any of the provisions of paragraphs (a), (b), (c) or (d) of subsection (1) of this section, or furnishes a list of passengers and seamen which he knows or has reasonable cause to believe to be false or misleading, he shall be guilty of an offence against this Act, and if the offence is failure to comply with the provisions of paragraph (b) or paragraph (d) the owner of the ship and any agent of such owner in Vanuatu shall also be guilty of the like offence.

CONTROL OF ENTRY INTO VANUATU

11. (1) No person shall enter Vanuatu from any place outside unless -

(a) he is in possession of a valid visa lawfully issued to him except if he is a citizen of a country exempted under section 5(1); and

(b) he is in possession of a valid permit lawfully issued to him except if he is exempted under section 12.

(2) Subject to the provisions of this Act no person shall remain in Vanuatu after the expiry or cancellation of a permit.

PERSONS ENTITLED TO ENTER WITHOUT A PERMIT

(1) Subject to this section, a person who satisfies the Principal Immigration Officer that he comes into any of the following categories shall be entitled to enter Vanuatu without having obtained a permit under this Act, namely -

(a) any person granted exemption by the Minister;

(b) any person employed by the Government of Vanuatu;

(2) The Minister may declare that, subject to such terms and conditions as he may specify, any person or class or group of persons may enter Vanuatu without a permit.

(3) The Principal Immigration Officer may by notice exempt any seaman or class of seamen from the requirement to obtain a permit to enter Vanuatu, subject to such terms and conditions as he may specify, and may in like manner at any time withdraw any such exemption either generally or in relation to any particular seaman or seamen.

(4) For the avoidance of doubt, it is hereby declared that the presence of any person within Vanuatu under or in pursuance of a permit, exemption or other authority which was obtained by, or was issued, granted or conferred as a result or by reason of fraud, misrepresentation, concealment or non-disclosure (whether intentional or not), of any material fact or circumstance, is not lawful residence for the purpose of this section.

(5) The burden of proof that any person is a person to whom this section applies shall lie upon that person.

(6) (a) Where any person referred to in subsection (1) of this section or who, under the provisions of any law controlling immigration in force prior to the commencement of this Act was entitled to enter Vanuatu without a permit, ceases to hold or enjoy the employment, appointment, status or privileges which so entitled him, he shall, for the purpose of this Act be deemed to be a person seeking to enter Vanuatu with effect from the date when he ceases to hold such employment or appointment or enjoy such status or privileges. If on the expiry of 3 months from such date, he shall not have been granted a permit under this Act, his presence and the presence of his family and dependents in Vanuatu shall thereupon become unlawful:

Provided that this paragraph shall not apply to -

(i) any dependent or member of the family of a person as aforesaid, if such dependent or member is in possession of a valid permit lawfully issued to him under this Act or is entitled to enter Vanuatu without a permit under paragraph (a) of subsection (1) of this section, or

(ii) a person who at the time of ceasing to hold or enjoy the employment, appointment, status or privileges which entitled him to enter Vanuatu without a permit is also entitled to enter Vanuatu without a permit, under paragraph (a) of subsection (1) of this section.

(b) When any person contravenes or fails to comply with any of the terms and conditions of a declaration under subsection (2) or a notice under subsection (3) of this section, as the case may be, enabling him to enter Vanuatu, or when his exemption from the requirement to obtain a permit is cancelled under the said subsection (3), without prejudice to any offence thereby committed or penalty thereby incurred, his presence in Vanuatu shall forthwith become unlawful.

(7) The Minister may declare a person to be exempt from the entry formalities required by this Act.

PERMITS TO ENTER AND RESIDE

(1) The Principal Immigration Officer may upon application being made in the form prescribed under this Act issue a permit in the form prescribed under this Act authorising any person to enter and reside in Vanuatu, upon such conditions as the Principal Immigration Officer may think fit.

(2) The Principal Immigration Officer may in his discretion extend a permit issued under subsection (1) of this section, but shall not grant or extend a permit so that the holder becomes entitled to enter Vanuatu without a permit under paragraph (a) of subsection (1) of section 12 unless so directed by the Minister.

(3) Notwithstanding any other provision of this Act the Principal Immigration Officer may cancel a permit if -

(a) he is satisfied that the holder of the permit made a false declaration in respect of the particulars required when applying for the permit; or

(b) the holder of the permit is convicted of an offence carrying liability to a sentence of imprisonment whether or not as an alternative to a fine.

VISITOR'S PERMIT

(1) The Principal Immigration Officer may issue a visitor's permit, subject to such conditions as may be specified therein, to a visitor if he is satisfied that the visitor has a ticket or other means of travelling from Vanuatu to some other country which he will be able to enter.

(2) A visitor's permit shall, subject to the provisions of this Act, entitle a visitor to remain in Vanuatu for a period or periods in the aggregate not exceeding 4 months in any period of 12 months.

(3) The Principal Immigration Officer may cancel a visitor's permit if he is satisfied that the visitor -

(a) is not a person to whom a visitor's permit ought to have been issued;

(b) has become a prohibited immigrant;

(c) has become incapable of supporting himself or his dependents;

(d) has behaved in a manner prejudicial to the peace and good order of Vanuatu;

(e) is in breach of any of the conditions of his permit; or

(f) has been convicted of any offence.

PROHIBITED IMMIGRANTS

15. (1) Any person who -

(a) is not a person entitled to enter Vanuatu without a permit under the provisions of subsection (1) of section 12; and

(b) is a member of any of the prohibited classes as defined in subsection (2) of this section,

shall be a prohibited immigrant and save as otherwise hereinafter expressly provided his presence in Vanuatu shall be unlawful, notwithstanding any permit he may hold.

(2) The following persons are members of the prohibited classes -

(a) any person who, not being exempt, is not the holder of a valid permit issued or deemed to have been issued under this Act;

(b) any person who at the time of entry into or residence in Vanuatu is unable to show that he has the means of supporting himself and his family and dependants or that he has definite employment awaiting him or who is likely to become a pauper or a charge on the public;

(i) who refuses to submit to an examination by a Government medical officer after being required to do so under paragraph (d) of section 4;

(ii) who at the time of his entry into Vanuatu is certified by a Government medical officer to be suffering from a contagious or infectious disease which makes his presence in Vanuatu dangerous to the community; or

(iii) in respect of whom at the time of his entry into Vanuatu a Government medical officer certifies that he is suffering from any mental disorder and that his presence in Vanuatu would be a danger to the community; or

(d) any person who has been convicted by a court outside Vanuatu of an offence in respect of which he has been sentenced to imprisonment for a term of 6 months or more:

Provided that the Principal Immigration Officer may, with the prior approval of the Minister, in the case of a person whose last sentence of imprisonment expired more than 5 years before the date upon which he desires to enter Vanuatu, direct that such person shall be exempted from the provisions of this paragraph and such person shall not thereafter be a prohibited immigrant by reason of the provisions of this paragraph;

(e) any person who prior to his entry in Vanuatu or within 2 years thereafter, in consequence of information received from any government through official or diplomatic channels, or from any other source deemed by the Minister in his discretion to be reliable, is declared by the Minister in his discretion to be an undesirable immigrant;

(f) any person who is a member of any class or group of persons declared by the Minister to be a prohibited class for the purposes of this section;

(g) unless the Minister shall otherwise declare, any member of the family and any dependent of a prohibited immigrant.

(3) In any case where the Principal Immigration Officer refuses to allow any person to enter Vanuatu on the ground that such person is a prohibited immigrant, he shall inform him of the reasons for his decision.

EFFECT OF EXPIRATION OR CANCELLATION OF PERMIT

It shall be unlawful for any person to remain in Vanuatu after the expiration or cancellation of any permit issued or deemed to be issued to him under this Act unless he is otherwise entitled to remain in Vanuatu under this Act.

PART IV
REMOVAL OF PERSONS FROM VANUATU

POWER TO REMOVE PERSONS FROM VANUATU

(1) Notwithstanding any other provisions of this Act, the Minister in his discretion may make an order in the form prescribed under this Act that any person, whether or not he is unlawfully present in Vanuatu, shall, on the expiry of 14 days or such longer period as the Minister in his discretion may specify from the date of service of the order on such person or on the completion of any sentences of imprisonment which he may be serving be removed from and remain out of Vanuatu, either indefinitely or for a period to be specified in that order. The Minister need not give any reason for his order, which shall not be challenged in any court in any proceedings whatever.

(2) An order made under this section shall be carried into effect in such manner as the Minister in his discretion may direct.

(3) A person against whom an order under this section is made may, if the Minister in his discretion so directs, while awaiting removal and while being conveyed to the place of departure, be kept in prison or in police custody, and while so kept shall be deemed to be in lawful custody.

(4) A person against whom a removal order has been made may be removed to the place whence he came, or with the approval of the Minister in his discretion, 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 such last mentioned place consents to receive him.

(5) The master of a ship or aircraft which is proceeding to a place to which a person is directed to be removed and who is required by the Principal Immigration Officer to do so shall receive a person against whom a removal order has been made on board the ship or aircraft and upon payment therefor afford him a passage to that place and proper accommodation and maintenance during the passage. Except as provided by section 18, the cost of such passage, accommodation and maintenance shall be paid by the person removed and the Minister may apply any money or property of the person removed in payment of the whole or any part of such cost, or if the Minister thinks fit, the whole or any part of such cost shall be paid out of the Treasury.

(6) If any master of a ship or aircraft fails to comply with the provisions of subsection (5) he shall be guilty of an offence and the owner of the ship or aircraft and any agent of such owner in Vanuatu shall be guilty of a similar offence and liable to a similar penalty:

Provided that no person shall be convicted under this subsection if -

(a) he satisfies the court that the necessary accommodation was not available on the ship; or

(b) in the case of an aircraft, the commander had reasonable cause to believe that compliance with the provisions of the said subsection (5) may imperil the safety of the aircraft or any person therein; or

(c) in the case of an aircraft it would be contrary to any law to afford a person such passage as the Principal Immigration Officer may have required under the said subsection (5).

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

LIABILITY FOR EXPENSES INCURRED IN RESPECT OF A PROHIBITED IMMIGRANT

The master and the owner and the agent of any ship or aircraft from which any prohibited immigrant disembarks shall be jointly and severally liable to pay to the Minister all expenses incurred by the Minister in connection with the care, maintenance or treatment of such prohibited immigrant and his removal or conveyance from Vanuatu to the place from which he was brought by the ship or aircraft concerned. The amount of any such expenses as aforesaid shall be recoverable in an action brought by or in the name of the Principal Immigration Officer:

Provided that -

(a) the Minister may, if he thinks fit, direct that the whole or any part of such expenses shall be paid out of the Treasury;

(b) the provisions of this section shall not apply in the case of a person who is a prohibited immigrant by reason of being declared by the Minister after his entry into Vanuatu, to be in the class of undesirable immigrants under paragraph (e) of subsection (2) of section 15; and

(c) the provisions of this section shall not apply in any case where the prohibited immigrant is at the time of entry in possession of a permit purporting to authorise him to enter Vanuatu and to be issued under this Act.

PART V
SUPPLEMENTARY PROVISIONS

PROOF OF DOCUMENTS

Every document purporting to be a delegation, order, permit, declaration or cancellation under or in pursuance of the provisions of this Act and to be executed by the Minister or the Principal Immigration Officer or an immigration officer, shall be received in evidence and shall without further proof be deemed to have been executed by the Minister, the Principal Immigration Officer or the immigration officer, as the case may be, unless the contrary is shown.

NO SUIT OR DAMAGES MAINTAINABLE FOR THINGS DONE IN GOOD FAITH UNDER THIS ACT

(1) No suit or other legal proceedings for damages shall be instituted in any court of law against the Minister or the Principal Immigration Officer or any other officer or any other person 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 imposed or conferred by or under this Act; and the provisions of this section shall extend to the protection from liability as aforesaid of any person deputed by delegation under this Act or under any other law for the time being in force to perform or exercise any such duty or power aforesaid.

(2) The exercise of any power or discretion conferred upon the Minister or the Principal Immigration Officer by any of the provisions of this Act shall not be called into question or challenged in any court in any proceedings whatsoever.

APPEALS

(1) Any person aggrieved by a decision of the Principal Immigration Officer under this Act may appeal against such decision to the Minister who, in his discretion, may confirm, vary or overrule the decision of the Principal Immigration Officer. The appeal shall be by way of petition in writing and shall be made within 14 days of the decision appealed against or, where the aggrieved person is resident outside Vanuatu, within 28 days of such decision.

(2) The Principal Immigration Officer may grant to any person who intends to appeal to the Minister, and to any member of the family and to any dependent of such person, an interim permit allowing him to enter and remain in Vanuatu pending the determination of such appeal.

(3) The Principal Immigration Officer shall not grant an interim permit under this section unless he is satisfied that the person is unlikely to become a charge on the public during the currency of the permit. Any such permit may be cancelled by the Principal Immigration Officer if the person concerned appears likely to become a charge on the public or if the appeal is not presented with all due despatch and, if not cancelled, shall expire on the determination of the appeal.

OFFENCES AND PENALTIES

22. (1) Any person who -

(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 any immigration officer, makes or causes to be made any declaration, return or statement which he knows or has reason able cause to believe to be false or misleading, or uses any forged or unlawfully altered birth certificate, marriage certificate or any other forged or unlawfully altered document nature whatsoever or any passport which or in which an or endorsement has been forged or unlawfully altered having reasonable cause to believe such certificate, document, a, entry or endorsement to be forged or unlawfully altered; or

(b) alters or wilfully defaces any permit or any entry or endorsement in any passport issued or made under or in pursuance of the provisions of this Act, or any official or certified copy of any such permit, entry or endorsement; or

(c) wilfully resists, hinders or obstructs the Principal Immigration Officer or any immigration officer or other officer or person in the lawful execution of any duty, or in the lawful exercise of any power, under this Act; or

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

(e) uses or has in his possession, without lawful excuse (the burden of proof whereof shall lie upon the person charged), any forged or unlawfully altered permit or other document issued or purporting to have been issued under this Act; or

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

(g) refuses or fails to submit to a medical examination, when so required under paragraph (d) of subsection (1) of section 4; or

(h) having arrived in Vanuatu as a passenger by sea or air from any place outside Vanuatu fails to appear before the Principal Immigration Officer as directed by him, unless exempt under subsection (2) of section 10; or

(i) unlawfully enters or is unlawfully present in Vanuatu; or

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

(k) fails to comply with any term or condition subject to which any permit has been issued to him under this Act; or

(l) harbours any person whom he knows or has reasonable cause to believe to be a person whose presence in Vanuatu is unlawful; or

(m) uses any certificate, permit or exemption issued under this Act to or in respect of any other person as if it had been issued to or in respect of himself; or

(n) gives, sells or parts with the possession of any such certificate, permit or exemption in order that or intending or knowing or having reasonable cause to believe that, it may be used in contravention of paragraph (m) of this subsection; or

(o) having been directed by any order made under section 17 to remain out of Vanuatu, fails so to do in contravention of such order;

shall be guilty of an offence against this Act.

(2) For the purposes of any proceedings for an offence under paragraph (a) of subsection (1), a declaration, return or statement to which that paragraph relates shall be deemed to have been made or caused to have been made, as the case may be, at the time and place at which the same was received by the officer or person to whom it was addressed.

(3) Any person convicted of an offence against this Act for which no penalty is otherwise provided shall be liable to a fine not exceeding VT50,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.

(4) Where any person is convicted of an offence under paragraph (a) of subsection (1), the Principal Immigration Officer may cancel any permit which was issued in consequence of such offence.

(5) Where any person is convicted of an offence under paragraph (k) of subsection (1) the Principal Immigration Officer shall cancel the permit in respect of which the offence was committed.

(6) Any person who is convicted of an offence under paragraph (o) of subsection (1) shall be liable to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 5 years or to both such fine and imprisonment.

(7) Where any prohibited immigrant enters Vanuatu on or from a ship, whether or not with the knowledge of the owner or master or of any agent therefor, such owner and master and such agent shall be guilty of an offence and shall be liable to a fine not exceeding VT100,000:

Provided that it shall be a defence to a charge under this subsection that the owner, master or agent as the case may be, had reasonable cause to believe that such prohibited immigrant was in possession of a valid permit authorising him to enter Vanuatu.

(8) In any proceedings for an offence under this section a person shall be deemed to know the contents of any declaration, return or statement which he has signed or marked, whether he has read such declaration, return or statement or not, if he knows the nature of the document.

MINISTER'S POWER TO MAKE REGULATIONS

(1) The Minister may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, and generally for the purpose of carrying this Act into effect, and in particular may make regulations to provide for -

(a) the fees or other charges to be payable with respect to any matter done or required to be done under this Act and the persons liable to pay the same;

(b) the forms to be used for the purposes of this Act.

(2) The regulations referred to in subsection (1)(a) shall be made by the Minister in consultation with the Minister responsible for finance.

_______________________

[Subsidiary]

SUBSIDIARY LEGISLATION

IMMIGRATION (PRESCRIBED FORMS) REGULATIONS

Order 13 of 1984

ARRANGEMENT OF REGULATIONS

REGULATION

1. Disembarkation form

Deposit, bond or security form

3. Form of prohibition notice
4. Form of application for permit

Form of permit to enter and reside in Vanuatu
Form of order of removal from Vanuatu

SCHEDULE 1-Disembarkation form
SCHEDULE 2-Deposit, bond or security form
SCHEDULE 3-Prohibition notice
SCHEDULE 4-Application for a permit to enter and reside in Vanuatu
SCHEDULE 5-Permit to enter and reside in Vanuatu
SCHEDULE 6-Order of removal from Vanuatu

------------------------------------------

[Subsidiary]

SUBSIDIARY LEGISLATION

IMMIGRATION (PRESCRIBED FORMS) REGULATIONS

To prescribe certain forms for the purposes of the Immigration Act, Cap. 66.

DISEMBARKATION FORM

Any person who disembarks from an overseas vessel or aircraft at any port of entry into Vanuatu shall complete and sign the form set out in Schedule 1.

DEPOSIT, BOND OR SECURITY FORM

Any foreigner who enters Vanuatu, unless exempted, shall furnish the Principal Immigration Officer with a deposit, bond or other security in the form set out in Schedule 2.

FORM OF PROHIBITION NOTICE

(a) The Principle Immigration Officer shall prevent, with such reasonable force as may be necessary, the disembarkation of any person in respect of whom a prohibition notice has been issued.

(b) A prohibition notice shall be in the form as set out in Schedule 3.

FORM OF APPLICATION FOR PERMIT

An application for permit to enter and reside in Vanuatu shall be made in the form as set out in Schedule 4.

FORM OF PERMIT TO ENTER AND RESIDE IN VANUATU

5. A permit to enter and reside in Vanuatu shall be in the form as set out in Schedule 5.

FORM OF ORDER OF REMOVAL FROM VANUATU

6. An order of removal from Vanuatu shall be in the form as set out in Schedule 6.

____________________

SCHEDULE 1

ANNEXE 1

(Regulation 1)

Immigration Act, Cap. 66

DISEMBARKATION FORM

1. SURNAME (Use capital letters)
NOM (En lettres capitals) ..................................................................................................

GIVEN NAMES
PRÉNOMS ........................................................................................................................

MAIDEN NAME
NOM DE JEUNE FILLE ....................................................................................................

2. SEX (Enter "X") Male Female
SEXE (Marquer par "X") Masculin Feminin

3. DATE OF BIRTH (day) (month) (year)
DATE DE NAISSANCE .................... (jour) / ..................... (mois) / ......... (annee)

4. PLACE OF BIRTH
NÉ(E)A ...............................................................................................................................

5. PASSPORT No.
PASSEPORT No .................................................................................................................

ISSUED AT on (year)
DELIVRE A ........................... le .................. /................. /................. (annee).

6. NATIONALITY
NATIONALITÉ ...................................................................................................................

7. OCCUPATION
PROFESSION ......................................................................................................................

8. PORT OF DISEMBARKATION
PORT DE DEBARQUEMENT ............................................................................................

LAST PERMANENT ADDRESS (country)

DERNIER DOMICILE PERMANENT ................................................................. (pays)

10. ADDRESS IN VANUATU
ADDRESSE AU VANUATU ..........................................................................................

PLEASE INDICATE IN WHICH CATEGORY YOU BELONG BY MARKING ONE BOX "X".

INDIQUER VOTRE SITUATION EN MARQUANT UNE CASE PAR "X".

SCHOOL CHILD DEPARTING AFTER VISITING PARENTS
ETUDIANT RETOURMANT APRÈS DES VACANCES CHEZ SES
PARENTS

VISITOR DEPARTING AFTER STAYING LESS THAN 12 MONTHS
VISITEUR PARTANT APRÈS UN SEJOUR DE MOINS DE 12 MOIS

LESS THAN 12 MONTHS
RESIDENT DEPARTING FOR MOINS DE 12 MOIS
RESIDENT PARTANT POUR OR/OU

12 MONTHS OR MORE

12 MOIS OU PLUS

SIGNATURE ......................................................

______________________________

SCHEDULE 2

(Regulation 2)

Immigration Act, Cap. 66

DEPOSIT, BOND OR SECURITY FORM

This is to certify that we, the undersigned,

................................................................................................................................................................................................................................................................................................................do hereby declare and affirm that we will stand surety for the repatriation of ...................................

to ...................................................................................................................................................
and any other expenses incurred while awaiting repatriation, as required by the Immigration Act, Cap. 66 until released by the Principal Immigration Officer from this Bond.

................................................................
................................................................

Date: ........................................................

Witness: ..........................................................................................................................................

______________________________

SCHEDULE 3

(Regulation 3)

Immigration Act, Cap. 66

PROHIBITION NOTICE

To the master/captain of the vessel/aircraft .....................................................................................

I hereby notify you that ......................................................................................................... is this

......................... day of .............................. 19.......... prohibited from disembarking in Vanuatu.

Port Vila/Luganville
Vanuatu

.................................................. 19..........

................................................................

Principal Immigration Officer

________________________________

SCHEDULE 4

ANNEXE 4

(Regulation 4)

Immigration Act, Cap. 66

DEMANDE DE PERMIS D'ENTREE ET DE SEJOUR AU VANUATU
APPLICATION FOR A PERMIT TO ENTER AND RESIDE IN VANUATU

à adresser aux Chefs du Service de l'Immigration à Port-Vila (Vanuatu)
to be sent to the Principal Immigration Officer, Port Vila (Vanuatu)

Je soussigne (Nom et prénoms)
I, (Full Name) .................................................................................................................................

demeurant a (Addresse actuelle)
of (Present Address) ........................................................................................................................

solicite un permis d'entrée et de residence au Vanuatu. En cas d'octroi de ce permis, je me propose d'embarquer pour le Vanuatu sur le premier (avion/navire) disponible apres la date du....................
........................................................................................................................
do hereby make application for a permit to enter and reside in Vanuatu. If I obtain the required permit I intend to leave for Vanuatu on the first available ship/plane leaving after the ......................... day of.............................. 19..........

Renseignements me concernant:
I submit the following particulars concerning myself:

1. Nationalité:
Nationality (country of which citizen or subject): ..................................................................

2. Lieu et date de naissance:
Place and date of birth: .........................................................................................................

3. Lieu de naissance et nationalité des parents:
Place of birth and nationality of parents: ...............................................................................

Père/Father: .........................................................................................................................

(Lieu/place of birth) (Nationalité/Nationality)

Mere/Mother: ......................................................................................................................

(Lieu/place of birth) (Nationalité/Nationality)

4. Dernier lieu de residence permanents et durée:
Last place of permanent residence and period: ...................................................................

5. Precedents sejours au Vanuatu et durée, du au
Whether previously in Vanuatu. If so, when. From ............................ to ............................

6. Avez-vous déja etc expulse ou refoule du Vanuatu,
Have you ever been deported from or refused entry to Vanuatu? ..........................................

7. Situation matrimoniale (celibataire, marié, veuf, divorce)
Marital state (single, married, or divorced) ......................................................................

8. Si vous êtes marié:
If married, state: ..................................................................................................................

Nom et prénoms du conjoint:
Full name of wife/husband: ..................................................................................................

________________________________

SCHEDULE 5

ANNEXE 5

(Regulation 5)

Immigration Act, Cap. 66

PERMIT TO ENTER AND RESIDE IN VANUATU
PERMIS D'ENTREE ET DE SEJOUR AU VANUATU

M. ...............................................................................

demeurant à
of .............................................................................

est autorisé a entrer et sejourner au VANUATU sous reserve de l'execusion des conditions suivantes:
is permitted to enter and reside in Vanuatu subject to compliance with the following conditions:

1. Depôt d'une somme de VT
That security in the sum of VT ...................... be deposited

ou d'un certificat de caution pour cette somme garantie par

or a security bond for the sum be lodged by

(Nom et Addresse)
(Name and Address) ............................................................................................................

2. Exercise de la seule profession ou occupation suivante:
That he engage only in the following occupation or profession: .............................................

3. Emploi, à l'arrives au VANUATU, au service de:
That on arrival in VANUATU he will be employed by: ........................................................

à charge pour lui de faire savoir aux Chefs du Service d'Immigration s'il vient à cesser d'occuper cet emploi.
and will report to the Principal Immigration Officer if he ceases to be so employed.

4. Le present permit expirera le
This permit will expire on ....................................................................................................

à moins d'être renouvels avant cette date
unless previously renewed

Fait a Vanuatu le ....................................... 19..............
Granted in Vanuatu the ............... day of ................ 19......

..................................................... .............................................................

Le Titulaire Les Chefs du Service d'Immigration

Signature of Permit Holder Principal Immigration Officer

N.B. Les Chefs du Service d'Immigration peuvant dispenser le titulaire de l'une ou de l'ensemble de ces conditions.

Note: The Principal Immigration Officer may strike out all or any of these conditions.

__________________________

SCHEDULE 6

(Regulation 6)

Immigration Act, Cap. 66

ORDER OF REMOVAL FROM VANUATU

It is hereby ordered that you ...........................................................................................................
(full name)

shall on the .................................................................................................... be removed from and

remain out of Vanuatu ....................................................................................................................
(length of period)

Dated at Port Vila the ........................... day of ................................ 19..........

................................................................
Minister responsible for Immigration

_____________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

VISA REQUIREMENTS REGULATIONS

Order 12 of 1988

ARRANGEMENT OF REGULATIONS

REGULATION

Application for a visa

2. Fees
3. Exemption

SCHEDULE-Visa application form

----------------------------------------------

VISA REQUIREMENTS REGULATIONS

To provide for the issue of visas to persons wishing to enter Vanuatu.

APPLICATION FOR A VISA

(1) Every non-citizen who seeks to enter Vanuatu, unless he is granted an exemption under the provisions of section 12 of the Immigration Act, Cap. 66 or under these regulations, shall have in his passport or other travel documents a visa to enter Vanuatu.

(2) Any one of the following persons shall be an issuing authority for the purposes of granting, issuing or extending visas -

(a) the Principal Immigration Officer;

(b) a diplomatic or consular officer of Vanuatu;

(c) a diplomatic or consular officer of the Government of a country outside Vanuatu who is authorised in that behalf by the Minister.

(3) Every application for a visa shall be made to the issuing authority in the form specified in the Schedule hereto.

(4) The issuing authorities, referred to in paragraphs (b) and (c) of sub-regulation (2), shall refer every application to the Principal Immigration Officer for his approval. No visa shall be granted, issued or extended in respect of an application unless the application has been approved by the Principal Immigration Officer.

(5) The visa shall show the reasons for which the holder of the passport or other travel document seeks to enter Vanuatu.

(6) The issuing authority may grant or issue a visa to any person -

(a) if such authority is satisfied that such person is of good character;

(b) if such authority approves the purpose for which such person is entering Vanuatu;

(c) if such person is the holder of a valid passport or other valid travel document which provides for his entry into Vanuatu;

(d) if such authority is satisfied that such person has adequate funds for his maintenance in Vanuatu; and

(e) if such authority is satisfied that such person has made adequate onward passage arrangements to the country which issued his passport or other travel document or to a country which he will be able to enter.

FEES

2. The fee payable in respect of an application for a visa shall be VT2,500.

EXEMPTION

The following classes of persons when landing in Vanuatu are exempted from the necessity of having visas in their passports or other travel documents -
- (a) nationals or citizens of all Commonwealth Countries;

(b) nationals or citizens of -

Austria Micronesia (Federated States of)
Belgium Netherlands
China (Peoples Republic of) Norway
Cuba Pakistan
Denmark Palau (Belau)
Dependencies of the United Kingdom Philippines
Finland Portugal
France R.F.A. (West Germany)
Greece Spain
Ireland Sweden
Italy Switzerland
Japan Taiwan
Korea (South) Thailand
Luxembourg United States of America
Marshall Islands

SCHEDULE

VISA APPLICATION FORM

(Regulation 1(3))

APPLICATION FOR A VISA TO ENTER THE REPUBLIC OF VANUATU
DEMANDE DE VISA D'ENTREE DANS LA RÉPUBLIQUE DE VANUATU

COMPLETE IN DUPLICATE IN INK USING CAPITAL LETTERS AND SUBMIT TO THE PRINCIPAL IMMIGRATION OFFICER, PORT VILA BEFORE INTENDED DATE OF ENTRY INTO VANUATU

REMPLIR LE FORMULAIRE EN DEUX EXEMPLAIRES, A L'ENCRE ET EN MAJUSCULES ET LE SOUMETRRE AU DIRECTEUR DU SERVICE DE L'IMMIGRATION A PORT VILA AVANT LA DATE PREVUE D'ENTREE A VANUATU

This visa is for a period of 30 days valid for La present visa est pour un séjours, et est
6 months from date of issue valide durant 6 mois a compter de la date de

sa délivrance

1. Attach a fee of VT2,500 or its equivalent 2. Attach recent photograph here/Joignez
to this form. Such fee is not refundable/ une photo recente
Joignez un droit de VM.500 ou son
equivalent. Ce droit n'est pas remboursable ................................................

3. Family name: .......................................................................................................................
Nom de famille

Other names: .......................................................................................................................

Prénoms

5. Date of birth/Date de naissance:

............................. ............................. .............................. .............................

Day/Jour Month/Mois Year/Annee Place/Lieu

6. Religion/Religion: ................................................................................................................

7. Family Situation/Situation de famille:

................. ................... ............... .................. ...................
Married Single Widowed Divorced Separated

Marié(e) Celibataire Veuf(ve) Divorcé(e) Séparé(e)

8. Present nationality/Nationalité actuelle: .............................................................................

9. Original nationality/Nationalité d'origine: ..........................................................................

10. Permanent address: 11. Present address
Adresse permanents Adresse actuelle:

Telephone: .................................... Telephone: ........................................
Téléphone: ........................... Té1éphone: ...............................

Profession: .................................... Employer: .........................................
Profession: ........................... Employeur: ...............................

Address: ....................................... Telephone: ........................................
Adresse: .............................. Téléphone: ..................................

12. Passport/Passeport:

(a) Number/No. ......................................

(b) Place of issue/Lieu de délivrance: ............................................................................

(c) Date of issue/Date de délivrance: ............................................................................

(d) Expiry date/Date d'expiration: ...................................................................................

(e) Town/Ville: .................................. (f) Country/Pays: .....................................

Details of your visit (if other than tourism or family)/Raisons de votre visite (autre que tourisme ou visite familiale): .........................................................................................................................................................................................................................................................................................................................................................................................................................................

14. Purpose of visit/Motif du voyage:
................................ ............................................ ....................................
Tourism/Tourisme Visit family/Visite familiale Other/Autre motif

15. Address in Vanuatu (Hotel) 16. Details of family in Vanuatu
Adresse a Vanuatu (Hôtel) Renseignements sur la famille a Vanuatu

17. Date of arrival: ............................... Date of departure: ...................................
Date prévue pour l'arrivé Date prévue pour le départ

Details of family included in passport, if travelling/Précisez si vous voyagez avec les membres de votre famille inscrits sur votre passeport:

Yes/Oui ............................................ No/Non .......................................................

19. If yes, write their names and surnames/Dans l'affirmative, indiquez leurs noms et prénoms:

....................................................... ..................................................................

20. Details of previous visits/indiquez si vous avez déjà visits Vanuatu?

Yes/Oui .................................................. No/Non ........................................................

21. If yes, write date and year/Dans l'affirmative, precisez la date:
..............................................................................................................................................

Have you ever been refused entry to Vanuatu; if so give details/Vous a-t-on jamais refusé l'entre a Vanuatu - Dans l'affirmative, indiquez les raisons:

........................................................................................................................................................................................................................................................................................................................................................................................................................................

How much money is available for your visit/De quelle somme d'argent disposez-vous pour votre visite.

......................................................................................................................................................

I declare the above to be a full and true statement/Je déclare que les renseignements ci-dessus sont complets et exacts.

....................................................... .......................................................

Date Signature

________________________________________________________________________________

RESERVE A L'ADMINISTRATION Valide jusqu'au:
RESERVED FOR ADMINISTRATION Valid until

......................................................................

Date of issue

Date de délivrance

.......................................................................

No. visa

No. du Visa:

.....................................................................

____________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

IMMIGRATION (FEES) REGULATION

Order 49 of 1985

To prescribe certain fees for the purposes of the Immigration Act, Cap. 66.

The various fees set out in Column B shall be payable for the various matters set out in Column A.

Column A Column B

On application for a Permit to Enter and Reside in Vanuatu for a period of 5 years 25,000
On application for a Permit to Enter and Reside in Vanuatu for a period of 1 year 7,500
On application for the extension of a residency permit for a period of 2 years 10,000
On application for the extension of a residency permit for a period of 1 year 5,000
On application for the replacement or alteration of a residency permit 5,000

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