Jersey Immigration Rules: Part 9: General Ground for Refusal: Notice of changes

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A decision made on 9 April 2019

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0045
Decision Date: 8th April 2019
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Part 9: General Grounds for Refusal
DECISION SUMMARY AUTHOR:	Acting 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: Changes to Part 9 Immigration Rules
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Acting 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: Further to MD-HA-2019-0023 which made changes to Appendix EU(J) and inserted new Appendix EU(J)(Family Permit) in connection with the Jersey Settled Status Scheme, the Minister for Home Affairs has approved consequential amendments to Part 9 of the Jersey Immigration Rules. Part 9 sets out general grounds for refusal of entry clearance or leave to enter Jersey. These amendments disapply the general grounds for refusal under Part 9 to applications for leave to enter or remain or for entry clearance made in connection with the Jersey Settled Status Scheme (such grounds being contained in other Appendices to the Immigration Rules relating to the Scheme). The amendments also provide that where a person has leave to enter or remain in connection with the Settled Status Scheme, that leave may be cancelled on the person’s arrival in Jersey, or while the person is outside Jersey, if cancellation is justified on grounds of public policy, public security or public health.
RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this decision.
ACTION REQUIRED: Consequential amendments to Part 9: General Grounds for refusal to be inserted into the Jersey Immigration Rules, in accordance with the attached report.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Jersey Immigration Rules: Part 9: General Grounds for Refusal: Notice of changes

PART 9: GENERAL GROUNDS FOR THE REFUSAL OF ENTRY CLEARANCE, LEAVE TO ENTER, LEAVE TO REMAIN, VARIATION OF LEAVE TO ENTER OR REMAIN AND CURTAILMENT OF LEAVE IN JERSEY

Refusal of entry clearance or leave to enter Jersey

A320. Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on grounds of private life under paragraphs 276ADE-276DH.

B320.

B320. Part 9 does not apply to applications for leave to enter or remain made under Appendix EU(J) or to applications for entry clearance made (i) under Appendix EU(J) (Family Permit) or (ii) for the purposes of an application under Appendix EU(J).

C320(1). Part 9 does not apply to leave to enter granted by virtue of having arrived in Jersey with an entry clearance that was granted (i) under Appendix EU(J) (Family Permit) or (ii) for the purposes of an application under Appendix EU(J), except for paragraph 321B, which applies to such leave, regardless of the application of paragraph 5 of these Rules.

(2) Part 9 does not apply to leave to enter or remain that was granted by virtue of Appendix EU(J), except for paragraphs 321B and 323(ii), which apply to such leave, regardless of the application of paragraph 5 of these Rules.

320. In addition to the grounds for refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply.

Grounds on which entry clearance or leave to enter Jersey is to be refused

(1) the fact that entry is being sought for a purpose not covered by these Rules;

(2) the fact that the person seeking entry to Jersey:

(a) is currently the subject of a deportation order; or

(b) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or

(c) has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or

(d) has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.

(3) failure by the person seeking entry to Jersey to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality;

(4) failure to satisfy the Immigration Officer, in the case of a person arriving in Jersey with the intention of entering any other part of the common travel area, that he is acceptable to the immigration authorities there;

(5) failure, in the case of a visa national, to produce to the Immigration Officer a passport or other identity document endorsed with a valid and current entry clearance issued for the purpose for which entry is sought;

(6) where the Minister has personally directed that the exclusion of a person from Jersey is conducive to the public good;

(7) save in relation to a person settled in Jersey or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter Jersey;

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application, or in order to obtain documents from the Minister, Minister or a third party required in support of the application;

(7B) where the applicant has previously breached Jersey’s immigration laws (and was over 18 at the time of his most recent breach) by:

(a) overstaying;

(b) breaching a condition attached to his leave;

(d) using deception in an application for entry clearance, leave to enter or remain, (whether successful or not);

unless the applicant:

(i) overstayed for 28 days or less and left Jersey voluntarily, not at the expense (directly or indirectly) of the States of Jersey;

(ii) used deception in an application for entry clearance more than 10 years ago;

(iii) left Jersey voluntarily, not at the expense (directly or indirectly) of the States of Jersey, more than 12 months ago;

(iv) left Jersey, at the expense (directly or indirectly) of the States of Jersey, more than 2 years ago; and the date the person left Jersey was no more than 6 months after the date on which the person was given notice of the removal decision;

(v) left Jersey voluntarily, at the expense (directly or indirectly) of the States of Jersey, more than 5 years ago;

(vi) was removed or deported from Jersey more than 10 years ago.

Where more than one breach of Jersey’s immigration laws has occurred, only the breach which leads to the longest period of absence from Jersey will be relevant under this paragraph.

(7C) [not used]

(7D) failure, without providing a reasonable explanation, to comply with a request made on behalf of the Entry Clearance Officer to attend for interview.

Grounds on which entry clearance or leave to enter Jersey should normally be refused

(8) Failure by a person arriving in Jersey to furnish the Immigration Officer with such information as may be required for the purpose of deciding whether he requires leave to enter and, if so, whether and on what terms leave should be given.

(8A) Where the person seeking leave is outside Jersey failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer.

(9) Failure by a person seeking leave to enter as a returning resident to satisfy the Immigration Officer that he meets the requirements of paragraph 18 of these Rules or that he seeks leave to enter for the same purpose as that for which his earlier leave was granted.

(10) Production by the person seeking leave to enter Jersey of a national passport or travel document issued by a territorial entity or authority which is not recognised by Her Majesty’s Government as a state or is not dealt with as a government by them, or which does not accept valid United Kingdom passports for the purpose of its own immigration control; or a passport or travel document which does not comply with international passport practice.

(11) Where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

(i) overstaying; or

(ii) breaching a condition attached to his leave, or

(iii) being an illegal entrant; or

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Minister, Minister, or a third party required in support of the application (whether successful or not); and

there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.

(12) [not used]

(13) Failure, except by a person eligible for admission to Jersey for settlement, to satisfy the Immigration Officer that he will be admitted to another country after a stay in Jersey.

(14) Refusal by a sponsor of a person seeking leave to enter Jersey to give, if requested to do so, an undertaking in writing to be responsible for that person’s maintenance and accommodation for the period of any leave granted.

(15) [not used]

(16) Failure, in the case of a child under the age of 18 years seeking leave to enter Jersey otherwise than in conjunction with an application made by his parent(s) or legal guardian, to provide the Immigration Officer, if required to do so, with written consent to the application from his parent(s) or legal guardian; save that the requirement as to written consent does not apply in the case of a child seeking admission to Jersey as an asylum seeker.

(17) Save in relation to a person settled in Jersey, refusal to undergo a medical examination when required to do so by the Immigration Officer.

(18) [not used]

(18A) Within the 12 months preceding the date of the application, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

(18B) In the view of the Minister:

(a) the person’s offending has caused serious harm; or

(b) the person is a persistent offender who shows a particular disregard for the law.

(19) The immigration officer deems the exclusion of the person from Jersey to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2)), character, associations, or other reasons, make it undesirable to grant them leave to enter.

(20) Where, from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from Jersey is conducive to the public good; if, for example, in the light of the character, conduct or associations of the person seeking leave to enter, it is undesirable to give him leave to enter.

(21) [not used]

(22) [not used]

(23) Where the Health & Social Services Department has notified the Minister that the person seeking leave to enter has failed to pay a charge or charges for hospital treatment and care in accordance with the relevant Health & Social Services Department overseas patients’ policy.

Refusal of leave to enter in relation to a person in possession of an entry clearance

A person seeking leave to enter Jersey who holds an entry clearance which was duly issued to him and is still current may be refused leave to enter only where the Immigration Officer is satisfied that:

(i) false representations were made or false documents were submitted (whether or not material to the application, and whether or not to the holder’s knowledge), or material facts were not disclosed, in relation to the application for entry clearance, or in order to obtain documents from the Minister, Minister or a third party required in support of the application; or

(ii) a change of circumstances since it was issued has removed the basis of the holder’s claim to admission, except where the change of circumstances amounts solely to the person becoming over age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance; or

(iii) on grounds which would have led to a refusal under paragraphs 320(2), 320(6), 320(18A), 320(18B) or 320(19).

Grounds on which leave to enter or remain which is in force is to be cancelled at port or while the holder is outside Jersey

321A. The following grounds for the cancellation of a person’s leave to enter or remain which is in force on his arrival in, or whilst he is outside, Jersey apply;

(1) there has been such a change in the circumstances of that person’s case since the leave was given that it should be cancelled; or

(2) false representations were made or false documents were submitted (whether or not material to the application, and whether or not to the holder’s knowledge), or material facts were not disclosed, in relation to the application for leave, or in order to obtain documents from the Minister or a third party required in support of the application; or

(3) save in relation to a person settled in Jersey or where the Immigration Officer of the Minister is satisfied that there are strong compassionate reasons justifying admission, where it is apparent that, for medical reasons, it is undesirable to admit that person to Jersey; or

(4) where the Minister has personally directed that the exclusion of that person from Jersey is conducive to the public good; or

(4A) grounds which would have led to a refusal under paragraphs 320(2), 320(6), 320(18A), 320(18B) or 320(19) if the person concerned were making a new application for leave to enter or remain; or

(5) The Immigration Officer or the Minister deems the exclusion of the person from Jersey to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2)), character, associations, or other reasons, make it undesirable to grant them leave to enter Jersey; or

(6) where that person is outside Jersey, failure by that person to supply any information, documents, copy documents or medical report requested by an Immigration Officer or the Minister.

321B. A person’s leave to enter or remain which is in force on his arrival in or while he is outside Jersey may be cancelled:

(a) if that person has leave to enter or remain in Jersey granted by virtue of Appendix EU(J), or leave to enter Jersey granted by virtue of having arrived in Jersey with an entry clearance that was granted –

(i) under Appendix EU(J) (Family Permit); or

(ii) for the purposes of an application under Appendix EU(J): and

(b) the cancellation is justified on grounds of public policy, public security or public health.

Refusal of leave to remain, variation of leave to enter or remain or curtailment of leave

In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules, the following provisions apply in relation to the refusal of an application for leave to remain, variation of leave to enter or remain or, where appropriate, the curtailment of leave.

Grounds on which leave to remain and variation of leave to remain in Jersey are to be refused

(1) The fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.

(1A) Where false representations have been made or false documents have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application, or in order to obtain documents from the Minister or a third party required in support of the application.

(1B) The applicant is, at the date of application, the subject of a deportation order or a decision to make a deportation order.

(1C) Where the person is seeking indefinite leave to enter or remain:

(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Grounds on which leave to remain and variation of leave to enter or remain in Jersey should normally be refused

(2) The making of false representations or the failure to disclose any material fact for the purpose of obtaining leave to enter or a previous variation of leave, or in order to obtain documents from the Minister or a third party required in support of the application.

(3) Failure to comply with any conditions attached to the grant of leave to enter or remain.

(4) Failure by the person concerned to maintain or accommodate himself and any dependants without recourse to public funds.

(5) The undesirability of permitting the person concerned to remain in Jersey in the light of his conduct (including convictions which do not fall within paragraph 322(1C)), character or associations or the fact that he represents a threat to national security.

(5A) It is undesirable to permit the person concerned to enter or remain in Jersey because, in the view of the Minister:

(a) their offending has caused serious harm; or

(b) they are a persistent offender who shows a particular disregard for the law.

(6) Refusal by a sponsor of the person concerned to give, if requested to do so, an undertaking in writing to be responsible for his maintenance and accommodation in Jersey or failure to honour such an undertaking once given.

(7) Failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay.

(8) Failure, except by a person who qualifies for settlement in Jersey or by the spouse or civil partner of a person settled in Jersey, to satisfy the Minister that he will be returnable to another country if allowed to remain in Jersey for a further period.

(9) Failure by an applicant to produce within a reasonable time information, documents or other evidence required by the Minister to establish his claim to remain under these Rules.

(10) Failure, without providing a reasonable explanation, to comply with a request made on behalf of the Minister to attend for interview.

(11) Failure, in the case of a child under the age of 18 years seeking a variation of his leave to enter or remain in Jersey otherwise than in conjunction with an application by his parent(s) or legal guardian to provide the Minister, if required to do so, with written consent to the application from his parent(s) or legal guardian; save that the requirement as to written consent does not apply in the case of a child who has been admitted to Jersey as an asylum seeker.

(12) Where the Health & Social Services Department has notified the Minister that the person seeking leave to remain or variation of leave to enter has failed to pay a charge or charges for hospital treatment and care in accordance with the relevant Health & Social Services Department overseas patients’ policy.

Grounds on which leave to enter or remain may be curtailed

A person’s leave to enter or remain may be curtailed:

(i) on any grounds set out in paragraph 322 (2)-(5A) and 12 above; or

(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted; or

(iii) his leave to enter or remain is for a purpose not covered by these Rules; or

(iv) where a person has, within the first 6 months of being granted leave to enter, committed an offence for which they are subsequently sentenced to a period of imprisonment.

323A-323C [not used]

Crew members

A person who has been given leave to enter to join a ship, aircraft, hovercraft or hydrofoil as a member of its crew, or a crew member who has been given leave to enter for hospital treatment, repatriation or transfer to another ship, aircraft, hovercraft or hydrofoil in Jersey, is to be refused leave to remain unless an extension of stay is necessary to fulfil the purpose for which he was given leave to enter or unless he meets the requirements for an extension of stay as a spouse or civil partner in paragraph 284.

325-326. [not used]

Official