Section 13: Refusal to admit

13. Refusal to admit (1) Where an immigration officer, after the examination of a passenger seeking admission to Mauritius, is of opinion that it would be contrary to this Act to grant admission to that passenger to Mauritius, he may— (a) refuse to admit the passenger to Mauritius and thereupon the passenger shall be kept in custody until the departure of the vessel, and, subject to subsection (2), the immigration officer shall order the master of the vessel to remove the passenger when leaving Mauritius; I2 – 14 (3) [Issue 7] Immigration Act (b) cause the passenger to be detained pending the decision of the Minister; or (c) grant provisional admission to the passenger on such conditions, including the deposit of a sum of money or other security, as he may determine. (2) Where a passenger who is detained under subsection (1) (a) claims to be a citizen, permanent resident or resident, the immigration officer shall not order his removal but shall forthwith refer the matter to the Minister for his decision. (3) Where an immigration officer detains any passenger who seeks admission to Mauritius or is granted provisional admission under subsection (1) (b) or (c), the immigration officer shall forthwith refer the matter to the Minister for his decision. (4) Where the Minister is of the opinion that the passenger is a prohibited immigrant or that he should not be issued with a residence permit, the immigration officer shall— (a) where the passenger is already detained, order the transport company of the vessel in which the passenger arrived in Mauritius to remove him, within a stated time, to the country of which he is a citizen or national, or in which he embarked for Mauritius, or to a country to which there is reason to believe that he will be admitted; (b) where the passenger is admitted provisionally, require him to leave Mauritius at the first available opportunity and where he fails to do so, the immigration officer shall, without the issue of a warrant, arrest and detain him and paragraph (a) shall apply to him as if he had been detained. (5) Where the Minister is of the opinion that the passenger detained or admitted provisionally in Mauritius under subsection (1) (b) or (c) is not a prohibited immigrant and that he is a fit and proper person, he may issue a residence permit to him and thereupon he shall be admitted to Mauritius in accordance with, but subject to, this Act. continued on page I2 – 15 [Issue 7] I2 – 14 (4) Revised Laws of Mauritius (6) (a) Subject to paragraph (b), this section shall apply, notwithstanding the Deportation Act, and the decision of the Minister shall be final and conclusive and shall not be questioned in any Court. (b) Where a passenger to whom the Minister has refused admission to Mauritius claims to be a citizen, permanent resident or resident, an appeal shall lie to the Supreme Court against the decision of the Minister and the appeal shall be heard and determined as expeditiously as circumstances warrant in accordance with such rules as may be prescribed by the Chief Justice. [S. 13 amended by Act 33 of 1999.]