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Immigration, Asylum and Nationality Act, 2006 and Immigration and Asylum Act, 1999 - extension of certain sections

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.

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  • 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

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A decision made 9 Jun 2010 regarding: Immigration, Asylum and Nationality Act, 2006 and Immigration and Asylum Act, 1999 - extension of certain sections.

Decision Reference: MD-C-2010-0048

Decision Summary Title :

Immigration, Asylum and Nationality Act, 2006 and Immigration and Asylum Act, 1999: extension of certain sections to Jersey

Date of Decision Summary:

18 May 2010

Decision Summary Author:

International Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Immigration, Asylum and Nationality Act, 2006 and Immigration and Asylum Act, 1999: extension of certain sections to Jersey

Date of Written Report:

18 May 2010

Written Report Author:

Customs and Immigration Department

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Extension of certain sections of the Immigration, Asylum and Nationality Act, 2006 and Immigration and Asylum Act, 1999

Decision(s):  The Chief Minister approved a report and proposition and agreed to lodge it ‘au Greffe’ in accordance with Article 31 of the States of Jersey Law, in order that the States may signify their views on the extension of certain Sections of the Immigration, Asylum and Nationality Act, 2006 and the Immigration and Asylum Act, 1999, of the United Kingdom Parliament.

Reason(s) for Decision: The main purpose of e-Borders is to collect and analyse passenger and crew data provided by air and sea carriers, in respect of all journeys to and from the UK in advance of their travel.   

This improves border security and assists in the fight against organised crime and illegal immigration. 

The government of Jersey has confirmed to the UK government its intention to participate fully in the development and implementation of the e-Borders programme.  To achieve this, Jersey’s legislation needs to be compatible with the UK system for the collection and sharing of passenger data.   

Extension by Order in Council of Sections 31, 32, 34 and 39 of the Immigration, Asylum and Nationality Act, 2006 as well as Section 18 of the Immigration and Asylum Act, 1999, will strengthen the existing requirements for carriers to provide information to the Police and Customs and Immigration Service and will allow Jersey to participate fully in the United Kingdom’s e-Borders regime. 

Article 31(1) of the States of Jersey Law 2005 states that:

Duty to refer certain matters to the States

(1) Where it is proposed –

(a) that any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey; or

(b) that an Order in Council should be made extending to Jersey –

(i) any provision of an Act of the Parliament of the United Kingdom, or

(ii) any Measure, pursuant to the Channel Islands (Church Legislation) Measures 1931 and 1957 ,

the Chief Minister shall lodge the proposal in order that the States may signify their views on it.

Accordingly, it is proposed that the Chief Minister should lodge the attached Proposition so that the States may signify their view on the matter.

Resource Implications:  There will be no additional manpower, revenue or capital requirements arising.

Action required:  International Relations to request the Greffier of the States to make the necessary arrangements for the Proposition to be lodged for debate as soon as possible.

Signature: 

Position:

Senator Terry Le Sueur

Chief Minister 

Date Signed: 

Date of Decision (If different from Date Signed): 

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