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Immigration Acts - Extension of certain provisions to Jersey by Order in Council

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

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A decision made on 19 September 2018

MINISTERIAL DECISION REFERENCE:  MD-C-2018-0141 

DECISION SUMMARY TITLE: Immigration Acts – Extension of certain provisions to Jersey by Order in Council

DECISION SUMMARY AUTHOR:

Private Secretary to the Minister for Home Affairs

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE: Immigration Acts – Extension of certain provisions to Jersey by Order in Council

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

Director, Jersey Customs and Immigration Service

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

In accordance with Article 31 of the States of Jersey Law 2005, the Chief Minister approved for lodging ‘au Greffe’ a draft report and proposition seeking the States’ approval that a request be made to the Privy Council for the making of an Order in Council that would extend to Jersey, with appropriate  modifications –

 

(a)    section 145 of the Immigration and Asylum Act 1999;

(b)    sections 126 to 128, and section 164, of the Nationality, Immigration and Asylum Act 2002; and

(c)     the following provisions of the Immigration Act 2014 –

 

 (i) sections 8, 14(3) and 73(6); 

(ii) paragraphs 3 and 4 of Schedule 2; and

(iii) paragraph 19 of Schedule 9.

 

The relevant sections of the Acts to be extended relate to the provision of biometric information in connection with applications for a visa or entry clearance, or for leave to enter or remain (including variation of such leave) and codes of practice in connection with immigration officers’ powers of entry, arrest, seizure and fingerprinting.

 

The Order will be named the Immigration (Biometric Information) (Jersey) Order 2018.

 

Article 31 requires that this proposition is lodged by the Chief Minister. The Minister for Home Affairs will act as rapporteur in the States Assembly.

 

RESOURCE IMPLICATIONS:

As confirmed in the Proposition, there are no resource implications resulting from the making of an Order in Council to extend these sections of the Immigration Acts.

 

ACTION REQUIRED:

The Policy Officer to request the Greffier of the States to arrange to lodge the draft report and proposition ‘au Greffe’ in order that the States may signify their views on it, as provided for in Article 31 (1) of the States of Jersey Law 2005.

 

SIGNATURE:

 

 

 

POSITION:

 

Senator John Le Fondré

Chief Minister

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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