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Immigration and deportation Act
1. This Act maybe cited as the immigration
and deportation act
2. In this act unless the context otherwise requires "Chief Immigration
Officer" means the person appointed as chief immigration officer in
accordance with section four; "citizen" means a citizen of Zambia.
" Education institutional " means a prescribed institutional or
one of a prescribed class of institutions the primary function of which is
to provide academic or other institution;
" Entry permit" means a permit issued under section fourteen;
"established resident " means, in relation to any date, a person
who is not a citizen or a prohibited immigrant and who has been is not
ordinarily and lawfully resident in Zambia or the former protectorate of
Northern Rhodesia or both for the period of four years immediately preceding
that date;
Provided that no period during which a person
Has been confined in a prison consequent on a sentence of imprisonment
imposed by a court, which sentence has not on appeal or review been quashed
or varied to a fine;
(ii) Has been an inmate of a mental institution; o
(iii) Has remained in Zambia or the former protectorate of Northern Rhodesia
or both as a visitor or in terms of a statutory permit allowing such persons
for a limited period only so to remain; Shall be counted for the purpose of
this definition;
" Immigration assistant" means a person appointed as an immigrant
assistant in accordance with section four;
" Immigration officers" means any person appointed as an
immigration officer in accordance with section four and includes the chief
immigration officer and, in relation to any exercise of any power or the
performance of any duty, any person on whom such power or duty has been
conferred or imposed under that section;
" minor Child" includes any child adopted under the adoption Act
and any other person under the age of twenty one years whom the minister has
in writing declared to be a minor child for the purposes of this Act, but
does not include a married woman.
" Passport " means a passport or other travel document of
identity-
(A (1) issued by or on behalf or the government of Zambia, the former
protectorate of Northern Rhodesia, the former federation of Rhodesia and
Nyansaland or any Sovereign state recognised by the Government of Zambia or
issued by the United Nations Organisation;
(ii) Which contains a personal description of the holder, the name of the
country in which he was born and the date of his birth;
(iii) to which is attached a photograph being a true likeliness of the
holder wherein his feature are clearly and correctly depicted; and
(iv) Which, except where a visa is dispensed with in pursuance of an
arrangement to which the Government is a party, bears the visa or
endorsement of a person authorised by the Government to that end; or
(b) of a type prescribed;
" Prohibited immigration" means a person described in section
twenty-two as a prohibited immigrant in relation to Zambia;
" Study permit" means a permit issued under section sixteen;
Subordinate court" means a court constituted under the subordinate
courts Act; "temporary permit" means a permit issued under section
seventeen to a prohibited immigration.
APPLICATION
3. (i) Subject to subsection (2), parts iii, iv, and v shall not apply to-
any person dully accredited to Zambia by or under the authority of the
Government of any sovereign state;
any person who under any written law is entitled to any diplomatic
immunities and privileges by reason of his association with an organisation
of which the Republic or the Government and one or more other state or the
Government thereof are members; any member of the official staff or of the
household of a person described in paragraph (a0 or (b);
any citizen or established resident;
And such persons shall be entitled to enter
and re-enter into and to remain within Zambia.
(2) Notwithstanding the provisions of subsection (1), parts iii, IV, and V
shall apply to any person-
arriving in or departing from Zambia until he satisfies an immigration
officer that he is a person to whom subsection (1) relates ; or
who is an established resident for the purpose of the exercise by the
minister of his powers under section twenty two or twenty-six.
Appointments And Powers
Appointment of chief immigration officer
4 (1) There shall be appointed as public officers a chief immigration
officer and such immigration officers and immigration assistants shall be
necessary for the proper administration of this act.
(2) The minister may by order confer all or any of the powers and impose all
or any of the duties of an immigration officer under this Act upon any
public officer or class of public officers.
Delegation of powers of chief immigration officer
5 (1) The chief immigration officer may, in writing and subject to such
restrictions, reservations, exceptions and conditions as he may think fit,
delegate to an immigration officer all, or immigration assistant or any of
the powers conferred upon him by or under this Act;
Provided that no such delegation shall prevent the exercise by the chief
immigration officer of any delegation power.
(2) The chief immigration officer may at any time in writing revoke or vary
his delegation under subsection (1) of all or any of the powers included
within such delegation.
Powers Of Arrest Of Immigration Officer
An immigration officer may, without a warrant, arrest any person he
reasonably suspects to be a prohibited immigrant or to be contravening any
provision of this act.
(6) Any person who contravenes subsection (8) of section twenty-nine shall
be liable upon conviction, to a term of imprisonment not exceeding five
years.
7 Power of Search etc.
For the purpose of discharging his functions under this Act, an immigration
officer may
Without warrant stop, and search any aircraft, train, vehicle or vessel in
Zambia;
Require the person in charge of any aircraft, train, vehicle or vessel
arriving in Zambia to furnish a list of the names of all persons in the
aircraft, train, vehicle or vessels, as the case may be, and such person to
furnish and:
With a warrant, issued by any court, enter any promises or dwelling house,
which he reasonably suspects to have evidence in connection with a
contravention of any provision of this act.
Powers of Arrest
7A. (1) Any person visiting Zambia, whom an immigration officer suspects to
have committed an offence under this act, shall give his name and address to
an immigration officer on request.
(2) An immigration officer may, without a warrant, arrest any person
refereed to in subjection (1) if that person refuses or fails to furnish the
immigration officer with his name and address.
Liability of carriers, etc, introducing prohibited immigrants.
8 (1) The person in charge of any aircraft, train, vehicle or vessel
bringing into Zambia any person found, on appearing before an immigration
officer in accordance with section nine, to be prohibited immigrant and the
owners, agents and charterers of such aircraft, train, vessel shall, upon
being required by an immigration officer to remove such prohibited immigrant
from Zambia, be responsible for such removal as soon as practicable
thereafter and in default thereof shall be jointly and severely liable to
pay to the Government all expenses incurred by the Government in connection
with the removal of such prohibited immigrant from Zambia.
The amount of such expenses shall be recoverable in an action brought in the
name of the chief immigration officer.
Examination of Prisoners Entering & Leaving Zambia &Others.
Entrants to Appear before Immigration Officer
9 (1) Every person who arrives in Zambia by air
at any prescribed airport and intends to leave the precincts of such airport
shall forthwith appear an immigration officer;
at any place other than a prescribed airport shall forthwith proceed to and
appear before the nearest immigration officer.
Every person who enters Zambia by inland waters or overland shall forthwith
proceed to and appear before the nearest immigration officer.
Examination of Entrants and others
An immigration officer may examine any person appearing before him in
accordance with the provision of section nine and any person whom he
reasonably suspects to be a prohibited immigrant for the purpose of
ascertaining to such person
his identity
the objects of his entry into Zambia
the nature of his claim to remain in Zambia ,&
whether he is a prohibited immigrant.
For the purpose of described in section (1), an immigration officer may
require any person to whom that subsection relates
to produce his passport
to make such declaration as may be described
to produce documentary or other evidence relative to his claim to enter or
remain in Zambia, &
In writing or otherwise to answer such questions as the immigration officer
may put to him.
Certain visitors to reappear before immigration officer
An immigration officer may by notice in writing require any person-
not being the holder of a permit to remain in Zambia or; or
being the holder of a visiting permit issued under section fifteen;
to appear before an immigration officer at such place and within such time
as may be specified in the notice.
Security May Be Required From Entrants
The chief Immigrants officer may require in respect of any person entering
Zambia, as a condition of his remaining therein, the deposit of a sum of
money or the furnishing of such quaranteed as the chief immigration officer
may accept in lieu of such deposit.
The Chief Immigration Officer shall specify-
the sum of money to be deposited or quaranteed , & the period not
exceeding four years for which the deposit or quaranteed is required.
Any sum deposited or quaranteed in accordance with this section may be
applied by the chief immigration officer to meet any expenditure incurred by
the Government within the specified period in connection with the care,
treatment or maintenance within or the removal from Zambia of the person
concerned.
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