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Immigration (Amendment) Act 2016

REPUBLIC OF NAURU

IMMIGRATION (AMENDMENT) ACT 2016

______________________________

No. 55 of 2016
______________________________

An Act to amend the Immigration Act 2014

Certified: 23rd December 2016

Table of Contents

1 Short title

2 Commencement

3 Amendment of Immigration Act 2014

4 Amendment of section 4

5 Amendment of section 11

6 Insert new section 11(1A)

Enacted by the Parliament of Nauru as follows:

1. Short title

This Act may be cited as the Immigration (Amendment) Act 2016.

2. Commencement

This Act commences upon certification by the Speaker.

3. Amendment of Immigration Act 2014

The Immigration Act 2014 is amended by the provisions of this Act.

4. Amendment of section 4

Section 4 is omitted and substituted with the following:

4. Director of Immigration
(1) The Secretary, acting on the recommendation of the Minister, may appoint a person in the position of Director of Immigration.
(2) The role and duties of the Director of Immigration must be determined by the Minister, acting on the recommendation of the Secretary.
(3) The Director of Immigration is subject to the control and direction of the Minister.
(4) Any reference to a Principal Immigration Officer in this Act and in the Regulations is a reference to the Director of Immigration.

5. Amendment of section 11

Section 11(1) is omitted and substituted with the following:

(1) Subject to section 11(1A), the Minister may order the removal from Nauru of a person, other than a citizen, who:

• (a) is a Prohibited Immigrant;
• (b) has entered Nauru in breach of this Act or any other law;
• (c) has been convicted in Nauru or elsewhere of any offence nominated by the Minister by Notice and has not received a free pardon;
• (d) remains in Nauru after the expiration or cancellation of the person’s visa; or
• (e) is a holder of an RPC visa.

6. Insert new section 11(1A)

The Minister must not order the removal from Nauru of a person who has a valid application before the Secretary made under section 5 of the Refugees Convention Act 2012, or an:

• (a) application before the Tribunal;
• (b) appeal before the Supreme Court of Nauru; or
• (c) appeal before the High Court of Australia,

relating to such an application, that has not been finally determined.