Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641100060.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Undesirable Persons Expulsion (CAP.

450 1 CHAPTER 450 THE UNDESIRABLE PERSONS EXPULSION ACT Arrangement of Sections Section 1.

Short title.

Expulsion Orders 2.

Power to make expulsion orders against convicted per- sons.

3.

Power to make expulsion order for peace and good order of Antigua and Barbuda.

4.

Contravention of expulsion order.

5.

Power to make an expulsion order authorising arrest and deportation.

6.

Power to revoke expulsion order.

PART I1 Appeals 7.
PART I1 Appeals 7.

Right of appeal.

8.

Grounds of appeal.

9.

Notice of appeal.

10.

Extent to which giving notice of appeal suspends order.

I I.

Person in custody to be given facilities for appealing.

12.

Onus of proof.

13.

Power ofJudge on dismissal of appeal.

14.

Appellant to be released on allowa~lce of appeal.

15.

Power to order payment of allowances to witnesses.

PART 111 Miscellaneous 16.

Punishment of offenders.

17.

In prosecutions expulsion orders to be deemed valid.

2 CAP.
2 CAP.

450) Undesirable Persons Expulsion LAWS OF ANTIGUA AND BARBUDA 18.

Power to allow expenses of conforming with expulsion order.

19.

Revocation of expulsion order or allowance of appeal not to have retrospective effect.

20.

Actiohs for things done under this Act.

LAWS OF ANTIGUA AND BARBUDA Undesirable Pmsons Expulsion (CAP.

450 3 UNDESIRABLE PERSONS EXPULSION (28th February, 1920.)

1.

This Act may be cited as the Undesirable Persons Expulsion Act.

Expulsion Orders 2.
Expulsion Orders 2.

The Cabinet may, if they think fit, make an expul- ~ ~ : ~ n - & m sion order requiring any person not born in Antigua and against convicted Barbuda to leave Antigua and Barbuda within a time fixed pe*OnS.
by the order, and thereafter to remain out of Antigua and Barbuda, if it is certified to them by any Court in Antigua and Barbuda (including a Court of summaryjurisdiction)- ( a ) where such person is an alien, that such per- son has been convicted by or before that Court of any felony, or misdemeanour, or other offence for which the Court has power to impose imprisonment without the option of a fine, and ( b ) where such person is a Commonwealth Citizen, that such person has been convicted by or before that Court of sedition (including seditious libel) or riot, whether as a principal or as an accessory, and, in either case, that the Court recommend that an expulsion order should be made in his case, either in addi- tion to or in lieu of his sentence.
Power to make 3.

The Cabinet may, if they think fit, make an expul- expulsion order sion order in the case of any person not born in Antigua for peaceand good order of and Barbuda if it appears to the Cabinet that it is expedient htiguaand for the peace and good order of Antigua and Barbuda that Barbuda.

an expulsion order should be made in the case of such person: that this section shall not apply to a Commonwealth Citizen who is domiciled in Antigua and Provided 4 CAP.
450) Undesirable Persons Expulsion LAWS OF ANTIGUA AND BARBUDA Contravention of expulsion order.
Barbuda, or who throughout the preceding twelve months has been resident in Antigua and Barbuda: Provided further that before the question of the expe- diency ofan expulsion order being made in the case of such person is considered by the Cabinet he shall be given an opportunity of urging any reasons why such an order should not be made against him before the Cabinet or before some person appointed by the Cabinet for the purpose, and, where a person is so appointed, he shall communicate the substance of such reasons, if any, to the Cabinet.
4.

(1) If any person against whom an expulsion order has been made is at any time after the service of such order upon him found in Antigua and Barbuda in contra- vention of the order, he shall be guilty of an offence under this Act.
(2) Where a person has been convicted of an offence under the preceding subsection of this section the Cabinet may, if they think fit, order such person to comply with the expulsion order within such extended time as the Cabinet may fix, and, if such person fails to comply with such expul- sion order within the time so extended, or if he is found within Antigua and Barbuda after the expiration of the time so extended, he shall be deemed to be guilty of a further offence under this Act.
(3) The Cabinet may, if they think fit, order that any person who has been convicted of an offence under either of the preceding subsections of this section shall within six weeks after the expiration of his sentence be deported from Antigua and Barbuda in such manner as the Cabinet may direct and in the meantime be detained in custody.
Should such person not be deported from Antigua and Barbuda within six weeks after the expiration of his sentence he shall be liberated from custody and the Cabinet's order shall cease to be valid.

Any person who, after having been con- veyed out of Antigua and Barbuda under this subsection, returns to Antigua and Barbuda shall be guilty of an offence under this Act.
(1) It shall be lawful for the Cabinet, if they think power to make an expulsion order au~orizinga,.,.est fit, in any expulsion order, instead of requiring the person and deportation.

against whom it is made to leave Antigua and Barbuda with- 5.

LAWS OF ANTIGUA AND BARBUDA Undesirable Pwsons Expulsion (CAP.

450 5 in a fixed time, to order that the person be arrested and deported from Antigua and Barbuda in such manner as the Cabinet may by such expulsion order, or subsequently, direct.
(2) Any person arrested under an expulsion order shall, pending his deportation from Antigua and Barbuda, be detained in custody in such manner and place as the Cabinet shall direct, and, if not deported from Antigua and Barbuda within six weeks after his arrest, shall, on the expi- ration of that period, be released from custody, and the expulsion order shall cease to be valid.

(3) No person in custody under an expulsion order shall be admitted to bail except with the consent of the Cabinet.
(4) An expulsion order whereby the arrest of any per- son is ordered shall be deemed to authorise any police offi- cer to arrest such person in any part of Antigua and Barbuda and to detain him in custody.

6.

It shall be lawful for the Cabinet to revoke an z;;z:;;z:: expulsion order, either absolutely or subiect to such condi- tidns as they may think fit.

7.

(1) Subject to the provisions of this Act, any per- Rightof appeal.
Appeals son against whom an expulsion order has been made may appeal against such order to the High court and the appeal shall be brought to the Judge who shall after the expiration of fifteen days from the day on which such expulsion order was served upon such person first hold a sitting of either the High Court or the Court of Summary Jurisdiction for the purpose of hearing the appeal: Provided that such appeal shall be made on all or any of the grounds mentioned in the next following section of this Act, but not on any other grounds.
(2) The decision of the Judge shall be final, and there shall be no right of appeal therefrom.

6 CAP.

450) Undesirable Persons Expulsion LAWS OF ANTIGUA AND BARBUDA Grounds of appeal.

8.

The grounds upon which an appeal against an expulsion order may be made are- Notice of appeal.
(a) aThat the expulsion order could only be legally made against an alien and that the applicant is not an alien; ( b ) In any case where the expulsion order was made under section 3 against a person who is a Commonwealth Citizen, that such person was domi- ciled in Antigua and Barbuda or had been resident therein throughout the three months preceding the expulsion order.

9.
(1) The appellant shall, within seven days after the service of the expulsion order upon him, transmit to the Governor-General, and serve upon the Registrar a written notice of his intention to appeal; the notice shall specify the grounds of his appeal, and shall be signed by the appellant or by his solicitor: Provided that any Judge may, either before or after the expiration of the said period of seven days, if he considers that the interests of justice so require, extend the said period to fourteen days.
(2) For the purposes of section 7 and of the preceding subsection of this section, an expulsion order ordering the arrest of the appellant shall be deemed to have been served upon him at the time when he was arrested.
(3) In the notice of appeal it shall be sufficient to refer to the appeal as being to the Judge of the High Court who shall after the expiration of the period mentioned in section 7 first hold a sitting of either the High Court or the Court of Summary Jurisdiction for the purpose of hearing the appeal and it shall not be necessary to specify which of such Courts.

10.
10.

After notice of intention to appeal has been duly Extent to which giving of notice of appealsuspends given, no steps to enforce the expulsion order (except the arrest and the detention of the appellant when the order order.

orders his arrest) shall be taken unfess and until the appeal is dismissed, and the six weeks mentioned in subsection (2) of section 5 shall not be deemed to begin to run until such appeal has been disposed of.

LAWS OF ANTIGUA AND BARBUDA Undesirable Persons Expulsion (CAP.
450 7 11.

Every person detained in custody under an Person in custody to be given facili- expulsion order shall, if he so desire, be given facilities for ties for appealiig.

giving notice of his intention to appeal, and communicat- ing, with reference to his appeal, with his friends and legal advisers.

12.

In any appeal against an expulsion order the Onusofproof.
appellant- ( a ) shall, if the power to make the expulsion order depended upon the appellant being an alien, be presumed to be an alien, and (b) shall, if a Commonwealth Citizen against whom the expulsion order was made under section 3, be presumed neither to have been domiciled in Antigua and Barbuda nor to have been resident there- in throughout the three months preceding the expul- sion order, unless the contrary is proved.

13.
13.

If the appeal is dismissed the time (if any) within ;~'~:alfJdEdge on which the appellant is, by the expulsion order, required to appeal.

leave Antigua and Barbuda, may be extended by the Judge for such period not exceeding four weeks from the dismissal of the appeal as he may think proper.

14.
14.

If the appeal is allowed, the expulsion order shall Appellant released on to be be deemed to be revoked, and the appellant, if in custody, dow,,,f shall, unless his detention is lawful under some other power appeal.

or authority, be released forthwith.

15.


The Judge hearing the appeal may order Powerfo~rder allowances, not exceeding those for the time being in force dowances for witnesses in criminal proceedings in the High Court to w'fnesses- be paid to all persons examined or detained as witnesses for the respondent, and may, if he thinks fit, order similar allowances to be paid to any persons examined or detained as witnesses for the appellant.

payment of to 8 CAP.


450) Undesirable Persons Expulsion OF ANTIGUA AND BARBUDA Miscellaneous Punishment of offenders.

16.

A n ~ ~ p e r s o n who is guilty of an offence under this Act shall on summary conviction thereof be liable to be imprisoned with o r without hard labour for any period not exceeding six months.

In prosecutions expulsion orders to bedeemed valid.

17.
17.

In any prosecution for an offence under this Act the production of an expulsion order shall be conclusive evidence that the same was valid and was lawfully made.

Power to allow expenses of con- fo,,gwjth expulsionorder.

18.
18.

Where an expulsion order is made against any person the Cabinet may, if they think fit, direct the payment from the general revenue of Antigua and Barbuda of the whole or any part of the expenses of or incidental to the departure from Antigua and Barbuda and maintenance until departure of such person and his dependents (if any).

19.
19.

The revocation of an expulsion order by the Revocation of expulsion order or allowance of Cabinet, or the allowance of an appeal against an exp;lsion a,ppealnot.tohave order, shall not affect the validity of anything already done retrospectwe thereunder or in respect thereof, and shall not affect any effect.

liability to conviction or punishment previously incurred under the provisions of this Act.

Actions for things done under this A C ~ .

20.


N o action shall be brought by any person against whom an expulsion order has been made with reference to anything done or omitted in the execution or purported execution of that order or of the provisions of this Act, on the ground that he was not a person against whom an expul- sion order could be legally made.