Legislation – The Immigration (Jersey) Order 2021

Application

1. This Schedule applies if the Minister –

(a) makes the urgent case decisions in relation to an individual, and

(b) imposes a temporary exclusion order on the individual.

Statement of urgency

2. The temporary exclusion order must include a statement that the Minister reasonably considers that the urgency of the case requires the order to be imposed without obtaining the permission of the Royal Court under section 3.

Reference to Royal Court

3.—(1) Immediately after giving notice of the imposition of the temporary exclusion order, the Minister must refer to the Royal Court the imposition of the order on the individual.

(2) The function of the Royal Court on the reference is to consider whether the urgent case decisions were obviously flawed.

(3) The Royal Court’s consideration of the reference must begin within the period of 7 days beginning with the day on which notice of the imposition of the temporary exclusion order is given to the individual.

(4) The Royal Court may consider the reference –

(a) in the absence of the individual,

(b) without the individual having been notified of the reference, and

(c) without the individual having been given an opportunity (if the individual was aware of the reference) of making any representations to the Royal Court.

(5) But that does not limit the matters about which rules of court may be made.

Decision by Royal Court

4.—(1) In a case where the Royal Court determines that any of the relevant decisions of the Minister is obviously flawed, the Royal Court must quash the temporary exclusion order.

(2) If sub-paragraph (1) does not apply, the Royal Court must confirm the temporary exclusion order.

(3) If the Royal Court determines that the decision of the Minister that the urgency condition is met is obviously flawed, the Royal Court must make a declaration of that determination (whether it quashes or confirms the temporary exclusion order under the preceding provisions of this paragraph).

Procedures on reference

5.—(1) In determining a reference under paragraph 3, the Royal Court must apply the principles applicable on an application for judicial review.

(2) The Royal Court must ensure that the individual is notified of its decision on a reference under paragraph 3.

Interpretation

6.—(1) References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 2(7)(b) (urgency of the case requires a temporary exclusion order to be imposed without obtaining the permission of the Royal Court).

(2) In this Schedule “the urgent case decisions” means the relevant decisions and the decision that the urgency condition is met.

(3) In this Schedule “the relevant decisions” means the decisions that the following conditions are met –

(a) condition A;

(b) condition B;

(c) condition C;

(d) condition D.