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Jersey Immigration Rules: Amendments

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 29 March 2023:

Decision Reference:  MD-HA-2023-187

Public

Subject: Statement of the Jersey Immigration Rules under section 3(2) of the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 2021

 

Report Title: Jersey Immigration Rules: changes to reflect recent changes to the UK Immigration Rules

Public

Decision(s):

The Assistant Minister for Home Affairs decided to approve the changes to the Rules as set out in the Statement of Jersey Immigration Rules (the Statement). The Statement which contains the proposed changes will be presented to the States Assembly pursuant to the powers under section 3(2) of the Immigration Act 1971, as extended to Jersey by the Immigration (Jersey) Order 2021.

Reason for Decision(s):

The proposed changes deal with technical updates to the European Union Settlement Scheme (EUSS) and EUSS Family Permit in Appendix EU(J) and Appendix EU(J) (Family Permit) and Appendix V(J) Visitor: Cabotage at Sea, which reflect changes to the corresponding sections of the United Kingdom Immigration Rules.

Resource Implications: There are no manpower resource implications arising from this decision.

 

Action Required: Jersey Customs & Immigration Service to make appropriate amendments to the Jersey Immigration Rules so that the Statement can be returned to the States Greffe. The Greffier of the States be requested to arrange for the presentation of the Statement to the States Assembly.

Signature:

 

 

Signed By: Deputy Hilary Jeune

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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