Section 6A: Loss of status of permanent resident

6A. Loss of status of permanent resident (1) Where, in relation to a permanent resident, the Minister is satisfied that— (a) the person has wilfully made any false statement or misled or attempted to mislead the immigration officer with respect to an application for a permanent residence permit; (b) the person— (i) who is an investor, a self-employed non-citizen, a noncitizen referred to in section 5A (5AA), a retired non-citizen or a member of the Mauritian Diaspora under the Mauritian Diaspora Scheme is certified by the Board of Investment to have ceased to satisfy the criteria and conditions of his registration under the Investment Promotion Act; (ii) is a person referred to in section 5A (1) (b), (c) and (e) and (6) to whom subparagraph (i) applies; [Issue 7] I2 – 8 Revised Laws of Mauritius (c) a person referred to in section 5A (1) (a) has been declared bankrupt; (d) a person referred to in section 5A (1) or (5AA) has been convicted of a criminal offence carrying a term of imprisonment of not less than 12 months; or (e) it is in the public interest to do so, he may deprive that person of his status of permanent resident. (2) Where the Minister is considering depriving a person of his status of permanent resident under subsection (1), not less than 7 days before the decision is taken, a notice to that effect, setting out in brief the reasons why such a decision is being considered, shall be served upon him by post at his last known address. (3) A decision depriving a person of his status of permanent resident under subsection (1) shall not be effective until the expiry of 6 months from the date on which a notice to that effect is served upon him by post at his known address. (4) (a) A person who has been deprived of his status of permanent resident under subsection (1) shall, subject to paragraph (b), be deemed to be a prohibited immigrant for the purposes of this Act and the Deportation Act. (b) Where the Minister considers that the course of action specified in paragraph (a) is not warranted, he may issue to that person a certificate stating the conditions subject to, and the period for, which the person may stay in or visit Mauritius. (5) Except as provided in subsection (7), where a person, who has acquired his status of permanent resident under section 5A (1) (a), has been deprived of that status under subsection (1), any other person who has been granted the status of permanent resident under section 5A (1), (5AA) or (6) in connection with the grant of that status to the person deprived of it, shall, after 6 months from the date of the notice referred to in subsection (8), cease to be a permanent resident. (6) Except as provided in subsection (7), where a person has acquired the status of permanent resident under section 5A (1) (b), he shall cease to be a permanent resident 6 months from the date of the termination of his marriage. (7) Where, save for this subsection, a person would cease to be a permanent resident under subsection (5) or (6), he may, within 90 days from the date of the notice under subsection (8) or of the termination of his marriage, as the case may be, apply to the Minister, in such form as may be prescribed, to continue his status of permanent resident and the Minister may, in his discretion, grant his application. (8) Where a person, who has acquired his status of permanent resident under section 5A (1) (a), (b), (5AA) or (6) has been deprived of that status, a notice to that effect shall be served upon or (6), he may, within 90 days from the date of the notice under subsection (8) or of the termination of his marriage, as the case may be, apply to the Minister, in such form as may be prescribed, to continue his status of permanent resident and the Minister may, in his discretion, grant his application. (8) Where a person, who has acquired his status of permanent resident under section 5A (1) (a), (b), (5AA) or (6) has been deprived of that status, a notice to that effect shall be served upon any other person who has been granted the status of permanent resident under section 5A (1), (5AA) or (6) I2 – 9 [Issue 7] Immigration Act in connection with the person deprived of it, by post at his last known address. [S. 6A amended by s. 13 (d) of Act 20 of 2002 w.e.f. 1 September 2002; s. 5 (e) of Act 21 of 2006 w.e.f. 1 October 2006; s. 14 (c) of Act 18 of 2008 w.e.f. 19 July 2008; s. 23 (d) of Act 9 of 2015 w.e.f. 14 May 2015.]