2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

11.   Arrest and examination of suspected prohibited immigrant

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    (1)   Where an immigration officer has reasonable ground for suspecting that any person within Saint Lucia entered Saint Lucia after the commencement of the Act and is a prohibited immigrant he or she may apply to a Magistrate, if satisfied that the application should, having regard to the proviso to section 29(1) of the Act, be granted, shall issue a warrant of arrest accordingly.

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    (2)   The warrant of arrest may be executed by any member of the Police Force.

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    (3)   The immigrant shall, on his or her arrest, be brought and taken before the immigration officer.

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    (4)   The immigration officer shall thereupon examine the immigrant to ascertain whether he or she entered Saint Lucia after the immigrant and for the purpose of determining whether such immigrant is a prohibited immigrant the immigration officer may direct that the immigrant shall himself or herself to all or any of the following that is to say —

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      (a)     to a medical examination;

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      (b)     to having his or her photograph taken;

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      (c)     to having his or her fingerprints taken.

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    (5)   The immigration officer may cause the immigrant to be detained pending the completion of the inquiry under subregulation (4).

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    (6)   If on the completion of the inquiry the immigration officer decides that the immigrant entered Saint Lucia after the commencement of the Act and is a prohibited immigrant, the immigration officer shall make an application under section 29 of the Act for an order for the removal of the immigrant from Saint Lucia unless he or she is satisfied that such application would not be entertained.