Office of Public Sector Information
SCHEDULE 10 continued PART 1 continued
27C.—(1) If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent (“the carrier”) of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the Isle of Man of any ship or aircraft—
(a) of which he is the owner or agent; and
(b) which he expects to carry a person who is not an EEA national.
(2) The notice may relate to—
(a) a particular ship or particular aircraft of the carrier;
(b) particular ships or aircraft (however described) of the carrier; or
(c) all of the carrier’s ships or aircraft.
(3) The notice—
(a) must state the date on which it ceases to have effect; and
(b) continues in force until that date, unless withdrawn earlier by written notice given by a senior officer.
(4) The date may not be later than six months after the notice is given.
(5) The fact that a notice under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph (3) does not prevent the notice from being renewed.
(6) The information must be provided—
(a) in such form and manner as the notice may require; and
(b) before the ship or aircraft concerned departs for the Isle of Man.
(7) If a ship or aircraft travelling to the Isle of Man stops at one or more places before arriving in the Isle of Man, it is to be treated as departing for the Isle of Man when it leaves the last of those places.
(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.
(9) “Relevant officer” means—
(a) the officer who gave the notice under sub-paragraph (1); or
(b) any immigration officer at the port at which the ship or aircraft concerned is expected to arrive.
(10) “EEA national” means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.
29.—(1) Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under Part 5 of the Nationality, Immigration and Asylum Act 2002 and is for the time being detained under Part 1 of this Schedule, he may be released on bail in accordance with this paragraph.
(2) An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance conditioned for his appearance before an adjudicator at a time and place named in the recognizance.
(3) An adjudicator may release an appellant on his entering into a recognizance conditioned for his appearance before an adjudicator at a time and place named in the recognizance.
(5) The conditions of a recognizance taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.
(6) In any case in which an adjudicator has power or is required by this paragraph to release an appellant on bail, the adjudicator may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the adjudicator; and on the recognizance being so taken the appellant shall be released.
30.—(1) An appellant shall not be released under paragraph 29 above without the consent of the Governor if directions for the removal of the appellant from the Isle of Man are for the time being in force, or the power to give such directions is for the time being exercisable.
(2) Notwithstanding paragraph 29(3) above, an adjudicator shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required; and the adjudicator shall not be obliged to release an appellant if it appears to the adjudicator—
(a) that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance entered into by him on that occasion;
(b) that the appellant is likely to commit an offence unless he is retained in detention;
(c) that the release of the appellant is likely to cause danger to public health;
(d) that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or
(e) that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made.
31.—(1) Where under paragraph 29 above a recognizance is entered into conditioned for the appearance of an appellant before an adjudicator, and it appears to the adjudicator, to be forfeited, the adjudicator may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator thinks fit.
(2) An order under this paragraph shall, for the purposes of this sub-paragraph, specify a court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.
(3) Where an adjudicator makes an order under this paragraph the adjudicator shall, as soon as practicable, give particulars of the recognizance to the Chief Registrar.
(4) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction shall, for the purposes of section 89 of the Summary Jurisdiction Act 1989 (an Act of Tynwald), be treated as being due under a recognizance forfeited by such a court.
33.—(1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule—
(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or
(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;
and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.
(2) A person arrested under this paragraph—
(a) if not required by a condition on which he was released to appear before an adjudicator within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace; and
(b) if required by such a condition to appear within those twenty-four hours before an adjudicator, shall be brought before that adjudicator.
(3) An adjudicator or justice of the peace before whom a person is brought by virtue of sub-paragraph (2)(a) above—
(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—
(i) direct that he be detained under the authority of the person by whom he was arrested; or
(ii) release him on his original recognizance or on a new recognizance, with or without sureties; and
(b) if not of that opinion, shall release him on his original recognizance.
34.—(1) Paragraph 22 above shall apply in relation to a person—
(a) directions for whose removal from the Isle of Man are for the time being in force; and
(b) who is for the time being detained under Part 1 of this Schedule,
as it applies in relation to a person detained under paragraph 16(1) above pending examination, detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter or detained under paragraph 16(2) above pending the giving of directions.
(2) Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.
1.—(1) Where a deportation order is in force against any person, the Governor may give directions for his removal to a country or territory specified in the directions being either—
(a) a country of which he is a national or citizen; or
(b) a country or territory to which there is reason to believe that he will be admitted.
(2) The directions under sub-paragraph (1) above may be either—
(a) directions given to the captain of a ship or aircraft about to leave the United Kingdom requiring him to remove the person in question in that ship or aircraft; or
(b) directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions; or
(c) directions for his removal in accordance with arrangements to be made by the Governor.
(3) In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Governor for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule.
(4) The Governor, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from the United Kingdom of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person; and except so far as they are paid as aforesaid, those expenses shall be defrayed by the Governor.
2.—(1) Where a recommendation for deportation made by a court is in force in respect of any person, and that person is not detained in pursuance of the sentence or order of any court, he shall, unless the court by which the recommendation is made otherwise directs, or a direction is given under sub-paragraph (1A) below, be detained pending the making of a deportation order in pursuance of the recommendation, unless the Governor directs him to be released pending further consideration of his case or he is released on bail.
(1A) Where—
(a) a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to direct him to be released without setting aside the recommendation.
(2) Where notice has been given to a person in accordance with regulations under section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) of a decision to make a deportation order against him, and he is not detained in pursuance of the sentence or order of a court, he may be detained under the authority of the Governor pending the making of the deportation order.
(3) Where a deportation order is in force against any person, he may be detained under the authority of the Governor pending his removal or departure from the Isle of Man (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless he is released on bail or the Governor directs otherwise).
(4) In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17, 18 and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.
(4A) Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule.
(5) A person to whom this sub-paragraph applies shall be subject to such restrictions as to residence, as to his employment or occupation and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by the Governor.
(6) The persons to whom sub-paragraph (5) above applies are—
(a) a person liable to be detained under sub-paragraph (1) above, while by virtue of a direction of the Governor he is not so detained; and
(b) a person liable to be detained under sub-paragraph (2) or (3) above, while he is not so detained.
3. So far as they relate to an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 against a decision of the kind referred to in section 82(2)(j) or (k) of that Act (decision to make deportation order and refusal to revoke deportation order), paragraphs 29 to 33 of Schedule 2 to this Act shall apply for the purposes of this Schedule as if the reference in paragraph 29(1) to Part 1 of that Schedule were a reference to this Schedule.
4. Where the release of a person recommended for deportation is directed by a court, he shall be subject to such restrictions as to residence, as to his employment or occupation and as to reporting to the police as the court may direct.
5.—(1) On an application made—
(a) by or on behalf of a person recommended for deportation whose release was so directed; or
(b) by a constable; or
(c) by an immigration order,
the appropriate court shall have the powers specified in sub-paragraph (2) below.
(2) The powers mentioned in sub-paragraph (1) above are—
(a) if the person to whom the application relates is not subject to any such restrictions imposed by a court as are mentioned in paragraph 4 above, to order that he shall be subject to any such restrictions as the court may direct; and
(b) if he is subject to such restrictions imposed by a court by virtue of that paragraph or this paragraph—
(i) to direct that any of them shall be varied or shall cease to have effect; or
(ii) to give further directions as to his residence and reporting.
6.—(1) In this Schedule “the appropriate court” means—
(a) where the court which directed release was a court of summary jurisdiction, a court of summary jurisdiction;
(b) where the court which directed release was a Court of General Gaol Delivery, that Court or a court of summary jurisdiction;
(c) where the court which directed release was the Staff of Government Division on appeal from a Court of General Gaol Delivery, that Division or that Court;
(d) where the court which directed release was the Staff of Government Division on appeal from a court of summary jurisdiction, that Division or a court of summary jurisdiction.
(2) In this paragraph “the Staff of Government Division” means the Staff of Government Division of the High Court.
7.—(1) A constable or immigration officer may arrest without warrant any person who is subject to restrictions imposed by a court under this Schedule and who at the time of the arrest is in the Isle of Man—
(a) if he has reasonable grounds to suspect that that person is contravening or has contravened any of those restrictions; or
(b) if he has reasonable grounds for believing that that person is likely to contravene any of them.
8.—(1) A person arrested in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace.
(2) In reckoning for the purposes of this paragraph any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
10. Any justice of the peace before whom a person is brought by virtue of paragraph 8 above—
(a) if of the opinion that that person is contravening, has contravened or is likely to contravene any restriction imposed on him by a court under this Schedule, may direct—
(i) that he be detained; or
(ii) that he be released subject to such restrictions as to his residence and reporting to the police as the court may direct; and
(b) if not of that opinion, shall release him without altering the restrictions as to his residence and his reporting to the police.
1.—(1) Where under the immigration laws of the United Kingdom or any of the Channel Islands a person is or has been given leave to enter or remain in the United Kingdom or, as the case may be, any of the Channel Islands, or is or has been refused leave, this Act shall have effect in relation to him, if he is not a British citizen, as if the leave were leave (of like duration) given under this Act to enter or remain in the Isle of Man, or, as the case may be, as if he had under this Act been refused leave to enter the Isle of Man.
(2) Where under the immigration laws of the United Kingdom or any of the Channel Islands a person has a limited leave to enter or remain in the United Kingdom or, as the case may be, any of the Channel Islands subject to any such conditions as are authorised in the Isle of Man by section 3(1) of this Act (being conditions imposed by notice given to him, whether the notice of leave or a subsequent notice), then on his coming to the Isle of Man this Act shall apply, if he is not a British citizen, as if those conditions related to his stay in the Isle of Man and had been imposed by notice under this Act.
(3) Without prejudice to the generality of sub-paragraphs (1) and (2) above, anything having effect in the Isle of Man by virtue of either of those sub-paragraphs may in relation to the Isle of Man be varied or revoked under this Act in like manner as if it had originated under this Act as mentioned in that sub-paragraph.
(4) Where anything having effect in the Isle of Man by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter apply to it or, as the case may be, shall apply to it as so altered in effect.
(5) Nothing in this paragraph shall be taken as conferring on a person a right of appeal under this Act against any decision or action taken in the United Kingdom or any of the Channel Islands.
2. Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in the Isle of Man shall not continue to apply on his return to the Isle of Man after an absence if he has during that absence entered the United Kingdom or any of the Channel Islands in circumstances in which he is required under the immigration laws of the United Kingdom or any of the Channel Islands to obtain leave to enter.
3.—(1) This Act has effect in relation to a person who is subject to a UK or CI deportation order as if the order were a deportation order made against him under this Act.
(2) Sub-paragraph (1) does not apply if the person concerned is—
(a) a British citizen;
(b) an EEA national;
(c) a member of the family of an EEA national; or
(d) a member of the family of a British citizen who is neither such a citizen nor an EEA national.
(3) The Governor does not, as a result of sub-paragraph (1), have power to revoke a UK or CI deportation order.
(4) In any particular case, the Governor may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the UK or CI deportation order.
(5) Nothing in this paragraph makes it unlawful for a person in respect of whom a UK or CI deportation order is in force in the United Kingdom or any of the Channel Islands to enter the Isle of Man on his way from the United Kingdom or any of the Channel Islands to a place outside the Isle of Man.
(6) “UK or CI deportation order” means an order made under the immigration laws of the United Kingdom or any of the Channel Islands under which a person is, or has been, ordered to leave the United Kingdom or any of the Channel Islands and forbidden to return.
4. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not a British citizen to enter the Isle of Man from the United Kingdom or any of the Channel Islands where his presence was unlawful under the immigration laws of the United Kingdom or, as the case may be, of that island, unless he is given leave to enter.”
Article 11
(1) This section applies to any woman who—
(a) has the right of abode in the Isle of Man under section 2(1)(b) of the principal Act as, or as having been, the wife of a man (“the husband”)—
(i) to whom she is or was polygamously married; and
(ii) who is or was such a citizen of the United Kingdom and Colonies, Commonwealth citizen or British subject as is mentioned in section 2(2)(a) or (b) of that Act as in force immediately before the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force of this section and since her marriage to the husband been in the Isle of Man.
(2) A woman to whom this section applies shall not be entitled to enter the Isle of Man in the exercise of the right of abode mentioned in subsection (1)(a) above or to be granted a certificate of entitlement in respect of that right if there is another woman living (whether or not one to whom this section applies) who is the wife or widow of the husband and who—
(a) is, or at any time since her marriage to the husband has been, in the Isle of Man; or
(b) has been granted a certificate of entitlement in respect of the right of abode mentioned in subsection (1)(a) above or an entry clearance to enter the Isle of Man as the wife of the husband.
(3) So long as a woman is precluded by subsection (2) above from entering the Isle of Man in the exercise of her right of abode or being granted a certificate of entitlement in respect of that right the principal Act shall apply to her as it applies to a person not having a right of abode.
(4) Subsection (2) above shall not preclude a woman from re-entering the Isle of Man if since her marriage to the husband she has at any time previously been in the Isle of Man and there was at that time no such other woman living as is mentioned in that subsection.
(5) Where a woman claims that this section does not apply to her because she had been in the Isle of Man before the coming into force of this section and since her marriage to the husband it shall be for her to prove that fact.
(6) For the purposes of this section a marriage may be polygamous although at its inception neither party has any spouse additional to the other.
(7) For the purposes of subsections (1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the Isle of Man as a visitor or an illegal entrant and presence in circumstances in which a person is deemed by section 11(1) of the principal Act not to have entered the Isle of Man.
(8) In subsection (2)(b) above the reference to a certificate of entitlement includes a reference to a certificate treated as such a certificate by virtue of section 39(8) of the British Nationality Act 1981.
(9) No application by a woman for a certificate of entitlement in respect of such a right of abode as is mentioned in subsection (1)(a) above or for an entry clearance shall be granted if another application for such a certificate or clearance is pending and that application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9) above an application shall be regarded as pending so long as it has not been finally determined.
(11) This section does not apply to a woman who has made an application for a certificate of entitlement in respect of the right of abode mentioned in subsection (1)(a) before the 27th November 1991.
(1) A person shall not under the principal Act require leave to enter or remain in the Isle of Man where he is entitled to enter or remain in the United Kingdom by virtue of an enforceable Community right or of any provision made under section 2B of the European Communities (Isle of Man) Act 1973 (an Act of Tynwald).
(2) The Council of Ministers may by order give leave to enter the Isle of Man for a limited period to any class of persons who are nationals of member States but who are not entitled to enter the Isle of Man as mentioned in subsection (1) above; and any such order may give leave subject to such conditions as may be imposed by the order.
(3) References in the principal Act to limited leave shall include references to leave given by an order under subsection (2) above and a person having leave by virtue of such an order shall be treated as having been given that leave by a notice given to him by an immigration officer within the period specified in paragraph 6(1) of Schedule 2 to that Act.
(1) There shall be paid out of money provided by Tynwald any expenses incurred by the Governor in consequence of this Act.
(2) Any sums received by the Governor by virtue of this Act shall be paid into the General Revenue of the Isle of Man.
(1) This Act may be cited as the Immigration Act 1988.
(2) In this Act “the principal Act” means the Immigration Act 1971 and any expression which is also used in that Act has the same meaning as in that Act.”
Article 13
(1) Subject to subsection (2) below, if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the age of 16, the employer shall be guilty of an offence if—
(a) the employee has not been granted leave to enter or remain in the Isle of Man; or
(b) the employee’s leave is not valid and subsisting, or is subject to a condition precluding him from taking up the employment,
and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Department of Trade and Industry.
(2) It is a defence for a person charged with an offence under this section to prove that before the employment began any relevant requirement of an order of the Department of Trade and Industry under subsection (2A) was complied with.
(2A) An order under this subsection may—
(a) require the production to an employer of a document of a specified description;
(b) require the production to an employer of one document of each of a number of specified descriptions;
(c) require an employer to take specified steps to retain, copy or record the content of a document produced to him in accordance with the order;
(d) make provision which applies generally or only in specified circumstances;
(e) make different provision for different circumstances.
(3) The defence afforded by subsection (2) above shall not be available in any case where the employer knew that his employment of the employee would constitute an offence under this section.
(4) A person guilty of an offence under this section shall be liable—
(a) on conviction on information, to a fine, or
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) any director, manager, secretary or other similar officer of the body corporate; or
(b) any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(6) Where the affairs of a body corporate are managed by its members, subsection (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(6A) Where an offence under this section is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(6B) Subsection (5) shall have effect in relation to a limited partnership as if—
(a) a reference to a body corporate were a reference to a limited partnership, and
(b) a reference to an officer of the body were a reference to a partner.
(6C) Subsection (5) shall have effect in relation to a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) as if—
(a) a reference to a body corporate were a reference to a limited liability company, and
(b) a reference to an officer of the body were a reference to a member of the company or its manager or registered agent.
(8) In this section—
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;
“employ” means employ under a contract of employment and “employment” shall be construed accordingly.
(10) An offence under this section shall be treated as—
(a) a relevant offence for the purpose of sections 28B and 28D of that Act (search, entry and arrest), and
(b) an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).
(1) Codes of practice issued under this section as it has effect in the United Kingdom shall apply in respect of the Isle of Man—
(a) with the modification that references to unlawful discrimination shall be construed as references to discrimination in contravention of section 2(1) of the Race Relations Act 2004 (an Act of Tynwald), and
(b) with any other necessary modifications.
(9) A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.
(10) But the code is admissible in evidence in proceedings before the Employment Tribunal under the Employment Act 2006 (an Act of Tynwald).
(11) If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.
(1) This Act may be cited as the Asylum and Immigration Act 1996.
(2) In this Act—
“the 1971 Act” means the Immigration Act 1971 as that Act has effect in the Isle of Man;
“person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the Isle of Man (whether or not such leave has been given).”
Article 15
(1) A person who is not a British citizen may be removed from the Isle of Man, in accordance with directions given by an immigration officer, if—
(a) having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;
(b) he uses deception in seeking (whether successfully or not) leave to remain;
(ba) his indefinite leave to enter or remain has been revoked under section 76(3) of the Nationality, Immigration and Asylum Act 2002 (person ceasing to be refugee); or
(c) directions have been given for the removal, under this section, of a person to whose family he belongs.
(3) Directions for the removal of a person may not be given under subsection (1)(c) unless the Governor has given the person written notice of the intention to remove him.
(4) A notice under subsection (3) may not be given if—
(a) the person whose removal under subsection (1)(a) or (b) is the cause of the proposed directions under subsection (1)(c) has left the Isle of Man, and
(b) more than eight weeks have elapsed since that person’s departure.
(5) If a notice under subsection (3) is sent by first class post to a person’s last known address, that subsection shall be taken to be satisfied at the end of the second day after the day of posting.
(5A) Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the person whose removal under subsection (1)(a) or (b) is the cause of the directions under subsection (1)(c).
(6) Directions under this section—
(a) may be given only to persons falling within a prescribed class;
(b) may impose any requirements of a prescribed kind.
(7) In relation to any such directions, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule.
(8) When a person is notified that a decision has been made to remove him in accordance with this section, the notification invalidates any leave to enter or remain in the Isle of Man previously given to him.
(9) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Governor.
(10) A person shall not be liable to removal from the Isle of Man under this section at a time when section 7(1)(b) of the Immigration Act 1971 (Commonwealth and Irish citizens ordinarily resident in United Kingdom and Islands) would prevent a decision to deport him.
(1) This section applies if a person—
(a) is to be removed from the Isle of Man to a country of which he is a national or citizen; but
(b) does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.
(2) If the country to which the person is to be removed indicates that he will not be admitted to it unless identification data relating to him are provided by the Governor, he may provide them with such data.
(3) In providing identification data, the Governor must not disclose whether the person concerned has made a claim for asylum.
(4) For the purposes of paragraph 4(1) of Schedule 4 to the Data Protection Act 2002 (an Act of Tynwald), the provision under this section of identification data is a transfer of personal data which is necessary for reasons of substantial public interest.
(5) “Identification data” means—
(a) fingerprints taken under section 141; or
(b) data collected in accordance with regulations made under section 144.
(6) “Removed” means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act.
(1) Directions for, or requiring arrangements to be made for, the removal of a person from the Isle of Man may include or be amended to include provision for the person who is to be removed to be accompanied by an escort consisting of one or more persons specified in the directions.
(2) The Governor may by regulations make further provision supplementing subsection (1).
(3) The regulations may, in particular, include provision—
(a) requiring the person to whom the directions are given to provide for the return of the escort to the Isle of Man;
(b) requiring him to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed;
(c) as to the cases in which the Governor is to bear those costs;
(d) prescribing the kinds of expenditure which are to count in calculating the costs incurred in connection with escorts.
The Immigration (Isle of Man) Order 2008