The Immigration (Isle of Man) Order 2008

Article 21

PART 7 The Immigration, Asylum and Nationality Act 2006

“Claimants and applicants

50    Procedure

(1) Rules under section 3 of the Immigration Act 1971—

(a) may require a specified procedure to be followed in making or pursuing an application or claim (whether or not under those rules or any other enactment),

(b) may, in particular, require the use of a specified form and the submission of specified information or documents,

(c) may make provision about the manner in which a fee is to be paid, and

(d) may make provision for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).

(2) In respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Council of Ministers—

(a) may require the use of a specified form,

(b) may require the submission of specified information or documents, and

(c) may direct the manner in which a fee is to be paid;

and the rules referred to in subsection (1) may provide for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).

51    Fees

(1) The Governor may by order require an application or claim in connection with immigration or nationality (whether or not under an enactment) to be accompanied by a specified fee.

(2) The Governor may by order provide for a fee to be charged by him, by an immigration officer or by another specified person in respect of—

(a) the provision on request of a service (whether or not under an enactment) in connection with immigration or nationality,

(b) a process (whether or not under an enactment) in connection with immigration or nationality,

(c) the provision on request of advice in connection with immigration or nationality, or

(d) the provision on request of information in connection with immigration or nationality.

(3) Where an order under this section provides for a fee to be charged, regulations made by the Governor—

(a) shall specify the amount of the fee,

(b) may provide for exceptions,

(c) may confer a discretion to reduce, waive or refund all or part of a fee,

(d) may make provision about the consequences of failure to pay a fee,

(e) may make provision about enforcement, and

(f) may make provision about the time or period of time at or during which a fee may or must be paid.

(4) Fees paid by virtue of this section shall—

(a) be paid into the General Revenue of the Isle of Man, or

(b) be applied in such other way as the relevant order may specify.

52    Fees: supplemental

(1) A fee imposed under section 51 may relate to a thing whether or not it is done wholly or partly outside the Isle of Man; but that section is without prejudice to—

(a) the Fees and Duties Act 1989 (an Act of Tynwald), and

(b) any other power to charge a fee.

(3) An order or regulations under section 51—

(a) may make provision generally or only in respect of specified cases or circumstances,

(b) may make different provision for different cases or circumstances,

(c) may include incidental, consequential or transitional provision.

(4) An order under section 51—

(a) may be made only with the consent of the Treasury.

(5) Regulations under section 51—

(a) may be made only with the consent of the Treasury.

(6) A reference in section 51 to anything in connection with immigration or nationality includes a reference to anything in connection with an enactment (including an enactment of a jurisdiction outside the Isle of Man) that relates wholly or partly to immigration or nationality.

Miscellaneous

54    Refugee Convention: construction

(1) In the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including, in particular—

(a) acts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence), and

(b) acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence).

(2) In this section—

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and

“terrorism” has the meaning given by section 1 of the Anti-Terrorism and Crime Act 2003 (an Act of Tynwald).

General

64    Citation

(1) This Act may be cited as the Immigration, Asylum and Nationality Act 2006.

(2) A reference (in any enactment, including one passed or made before this Act) to “the Immigration Acts” is to—

(a) the Immigration Act 1971 (c.77),

(b) the Immigration Act 1988 (c.14),

(d) the Asylum and Immigration Act 1996 (c.49),

(e) the Immigration and Asylum Act 1999 (c.33),

(f) the Nationality, Immigration and Asylum Act 2002 (c.41),

(g) the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19), and

(h) this Act.”