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Jersey Immigration Rules: Approval of Changes

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 March 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0025

Decision Date:  27th March 2020

DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules:

(i) Paragraph 6: Interpretation,

(ii) Part 11: Asylum,

(iii) Part 2: Persons seeking to enter or remain for visits – Replacement with Appendix V: Immigration rules for visitors.

DECISION SUMMARY AUTHOR:

Head of Service

Customs & Immigration

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Notice of changes to the Jersey Immigration Rules: Paragraph 6 (Interpretation); Part 11(Asylum); and Part 2 (Persons seeking to enter or remain for visits – Replacement with Appendix V: Immigration rules for visitors)

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Head of Service

Customs & Immigration

IS THE REPORT PUBLIC OR EXEMPT  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

DECISION AND REASON FOR THE DECISION:

 

The Minister for Home Affairs has approved amendments to the Jersey Immigration Rules (“the Rules”) in accordance with section 1(4A) of the UK Immigration Act 1971, as extended to Jersey.[1]

 

These amendments concern the following provisions of the Rules:

 

  1. Paragraph 6 (interpretation) is amended by inserting or revising definitions for purposes of clarification. 

 

  1. Part 11 (asylum) is amended so that the 1951 United Nations Convention and its 1967 Protocol relating to the status of Refugees is referred to as “Refugee Convention” instead of “the Geneva Convention”.

 

  1. Part: 2 (visitors) is replaced with Appendix V which will now contain the rules about visitors.  Appendix V sets out the requirements in plain and simple language.  In particular - 

 

(a) individuals are able to undertake a specified range of activities if entering under the visitor (standard) route;

 

 

 

(b)  the student visitor route is classified as a short term study route in Part 3 (persons seeking to enter or remain for studies) alongside other related provisions to clarify the position for those undertaking short courses;

 

(c)  the parent of a child at school route will be contained in Part 7 of the Rules (other categories) as this category does not concern visitors, as such.

 

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

 

ACTION REQUIRED: To make the appropriate amendments to the Jersey Immigration Rules referred to in the attached report which will come into effect on the day the Ministerial Decision is signed.

 

The updated Rules will then be made available on gov.je.

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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