Revised Laws of Saint Lucia (2022)

29.   Magistrate may order removal and detention

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    (1)   If any immigrant is a prohibited immigrant then, subject to the provisions of this Act and the terms of any permit granted thereunder, any Magistrate may, on the application of an immigration officer or of any person deputed in writing by the Chief Immigration Officer for the purpose of making such application, order the immigrant to be removed from Saint Lucia and in the meantime to be detained in Saint Lucia.

(Amended by Act 15 of 1983)

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    (2)   Where an order is made under this section for the removal of an immigrant from Saint Lucia, he or she shall be removed therefrom at such time and in such manner as the Chief Immigration Officer may direct, and in giving such directions the Chief Immigration Officer shall have regard to the place from which the immigrant came when he or she entered Saint Lucia, the country of which he or she is a subject or citizen, the place therein to which he or she is alleged to belong, the country which is willing to receive him, and the wishes and the means of the immigrant.

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    (3)   Where an order is made under this section for the removal of an immigrant from Saint Lucia and the immigrant is at the time of the making of the order serving a sentence of imprisonment, the Minister may give directions as to whether the whole or what part of the sentence is to be served before such removal and in default of such directions the immigrant shall be removed after completion of his or her sentence. (Amended by Act 3 of 1991)

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    (4)   Where an order is made under this section for the removal of an immigrant from Saint Lucia, the immigrant may be placed on board a suitable vessel by an immigration officer or member of the Police Force and may lawfully detained in custody on board such vessel so long as the vessel is within the territorial waters of Saint Lucia.

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    (5)   In this section the expression “immigrant” includes the dependents of the immigrant.