Immigration and Deportation Act [ No. 18 of 2010 165

1 Immigration and Deportation Act [ No. 18 of 2010 165 THE Immigration AND Deportation ACT, 2010 ARRANGEMENT OF SECTIONSPART IPRELIMINARYS ectionI. Short title and commencementInterpretationApplicationPAR T IIIMMIGRATION DEPARTMENTA ppointment of Director-General of Immigration and other mmigration staffFunctions of DepartmentPowers of DepartmentDelegation of powers of DepartmentPowers of search of aircraft, train, vehicle or other vesselPowers of arrest of suspects entering ZambiaAppeal proceduresPART IIIPERSONS ENTERING INTO AND DEPARTING FROM ZAMBIAE ntry and remaining in ZambiaArrival in ZambiaExamination of entrantsPermit holder to appear before Immigration officerSecurity from entrantsDeparture from ZambiaPower to deport illegal immigrantsArrest and detention prior to deportationDuties and liabilities of carriersSingle copies of this Act may be obtained from the Government Printer, Box 30136, 10101 Lusaka, Price K25,000166 No.]

2 18 of 2010] Immigration and DeportationPART IVIMMIGRATION PERMITSR esidence permitTemporary residence permitDiplomatic permitSpouse permitBusiness permitVisiting visa and visiting permitStudy permitTemporary permitEmployment permit and temporary employment permitInvestor's permitCross border permitAsylum seeker's permitBorder pass and transit permitVariation of conditions of permitRevocation and cancellation of permitPART VPROHIBITED IMMIGRANTS AND HUMAN TRAFFICKINGP rohibited immigrantsProhibited immigrant required to leave ZambiaRepresentation against requirement to leave ZambiaSuspected prohibited immigrantsDeportationTrafficking in personsPART VIGENERAL PROVISIONSB order controlsNational monitoring and information systemObligations of employersEducational institutionsAccommodation establishmentAiding and abetting illegal immigrantsImmigration consultantImmigration and Deportation Bill I No.

3 18 of 2010 167 Immigration ethicsIllegal immigrants not exempt or allowed to sojourn in ZambiaEvidenceBurden of proofGeneral offencesObstructing, assaulting, etc. Immigration officerEngaging in employment, etc. without permitPossession of more than one passport without authorityGeneral penaltyBailForfeiture of vehicle, aircraft, boat or houseRegulationsNotice of serviceRepeal of Cap. 12362. SavingsFIRST SCHEDULESECOND SCHEDULEI mmigration and Deportation Bill I No. 18 of 2010 169 GOVERNMENT OF ZAMBIAACTNo. 18 of 2010 Date of Assent: 13th April, 2010An Act to consolidate the law relating to Immigration ;provide for the appointment of a Director-General ofImmigration and other Immigration officers and providefor their powers and functions; promote a human rightsbased approach and culture in respect of immigrationcontrols; regulate the entry, exit and remaining withinZambia of immigrants and visitors; provide for prohibitedimmigrants and other specified persons and theirdeportation from zambia ; provide for, and regulate, Immigration consultants; create an environment ofcooperation with other public institutions and promote anintegration of functions and harmonisation of operationsamong public institutions controlling borders andactivities at ports of entry; repeal and replace theImmigration and Deportation Act, 1965.

4 And provide formatters connected with, or incidental to, the foregoing.[16thApril, 2010 ENACTED by the Parliament of ZambiaPART IPRELIMINARYThis Act may be cited as the Immigration and DeportationAct, 2010, and shall come into operation on such date as the Ministermay, by statutory instrument, appoint.(1) In this Act, unless the context otherwise requires-" admission " means the entry into zambia after beingexamined at a port of entry by an Immigration officer;" asylum seeker's permit " means a permit issued undersection thirty-one;EnactmentShort title andcommencementInterpretation170 No. 18 of 2010] Immigration and DeportationCap. 53" authorised person " means any person to whom any functionof the Department has been delegated to, or conferred on,under section seven;" border " means the national borders of zambia ;" border pass " means a prescribed document authorising aperson to enter and remain temporarily in, or to re-enter, zambia , and includes any class or description of suchdocument;" business permit " means a permit issued under sectiontwenty-four;" business visitor " means a person coming to zambia totransact business during the person's stay in zambia , suchas attending meetings, conferences, arranging of deals andthe signing of contracts and includes an overseas worker, who is paid by an employerabroad, who comes to zambia , for a shortperiod, to work, install, erect, repair or serviceforeign-made machinery or equipment.

5 A person who comes to zambia to advise on thedevelopment of new computer systems orinformation technology; or(c) the provision of any service consisting of advice,training or learning by observation or in aclassroom;" child " includes a child adopted under the AdoptionAct, butdoes not include a child adopted otherwise than under that Act,unless the Minister is satisfied that thecircumstances of the adoption were such assubstantially satisfy the requirements ofsubsections (1), (2), (3) and (4) of section fourof that Act;a spouse; or(c) a person who has attained the age of twenty oneyears;" citizen " means a citizen of zambia ;" depart " means exiting zambia from a port of entry incompliance with this Act and "departure" shall beconstrued accordingly;" Department " means the Immigration Department in theMinistry responsible for home affairs; Immigration and Deportation [ No.]

6 18 of 2010 171" Deportation " means removing or causing to be removed anillegal immigrant from zambia , by the Minister, or detainingan illegal immigrant in accordance with this Act and"deport" shall be construed accordingly;" diplomatic permit " means a permit issued under sectiontwenty two;" Director-General of Immigration " means the personappointed as Director-General of Immigration under sectionfour;" educational institution " means an institution, the primaryfunction of which is to provide academic or other instructionestablished or registered under the Education Act, theUniversityAct, 1999, or the Technical Education, \bcationaland Entrepreneurship TrainingAct, 1998;" employer " includes a person contractually bound under anemployment contract or, in the case of a juristic person, itschief executive officer or any person to whom authorityhas been bestowed to make final decisions on humanresources;" employment permit means a permit issued under sectiontwenty eight;" established resident "means, in relation to any date, a personwho is not a citizen or a prohibited immigrant and who hasbeen ordinarily and lawfully resident in zambia or theformer Protectorate of Northern Rhodesia, or both, forthe period of four years immediately preceding that date,except that no period during which a person has been confined in a prison consequent on asentence of imprisonment imposed by a court,which sentence has not, on appeal or review,been quashed or varied to a fine.

7 Has been an inmate of a mental institution; or(c) has remained in zambia as an ordinary visitor orin terms of a permit allowing such person for alimited period only so to remain;shall be counted for the purpose of this definition;" foreign country " means a country other than zambia ;" foreigner " means any person who is not a citizen;" illegal immigrant " means a foreigner who is in zambia incontravention of this Act and includes a prohibitedimmigrant;Cap. 134 Act No. IIof 1999 Act No. 13of 1998172 No. 18 of 2010] Immigration and Deportation " immediate family " means a husband, wife or child;" Immigration assistant " means a person appointed as animmigration assistant in accordance with section four;" Immigration consultant " means a person, other than a legalpractitioner, who for remuneration and by trade, representsor acts on behalf of other persons in respect of any of theprocedures or activities under this Act;" Immigration officer " means a person appointed as animmigration officer in accordance with section four andincludes the Director-General of Immigration and, inrelation to the exercise of any power or the performanceof any duty, any person on whom such power or duty hasbeen conferred or imposed under this Act.

8 " investor " means any person, natural or juridical, who is nota citizen, investing in zambia in accordance with the ZambiaAct No. 11 Development Agency Act, 2006, or under any other law;of 2006 "investor's permit" means a permit issued under sectiontwenty nine;" legal practitioner " has the meaning assigned to it in theCap. 30 Legal Practitioners Act;" national document of identity " means a national registrationcard or passport;" ordinary visitor" means any visitor, including a tourist andany person visiting friends and relatives in zambia , otherthan a business visitor;Act No. 22 passport " has the meaning assigned to it in the Passportsof 2003 Act, 2003;" port of entry " means a place where a person has to reportbefore entry into, sojourning in, remaining within, ordeparting from, zambia ;" prohibited immigrant " has the meaning assigned to it insection thirty five;Cap.

9 120 " refugee " has the meaning assigned to it under the Refugees(Control) Act;" removal " means removing an illegal immigrant, by animmigration officer, on the order of the Director-Generalof Immigration , but does not include Deportation ;Cap. 123 " repealed Act " means the Immigration and DeportationAct, 1965; Immigration and Deportation [ No. 18 of 2010 173" residence permit " means a permit issued to any personunder section twenty;" spouse " means a husband or wife, whose marriage wassolemnised under the Marriage Act, the laws of a foreign Cap. 50country or under the Zambian customary law;" spouse permit "means a permit issued under section twentythree;" status " means the status of a person as determined by therelevant permit granted to that person under this Act;" study permit " means a permit issued under section twentysix;" subordinate court " means a court constituted under theSubordinate Courts Act; Cap.]

10 28" temporary employment permit " means a permit issued undersection twenty eight;" temporary permit " means a permit issued under sectiontwenty seven;" temporary residence permit " means any of the permitsspecified under section twenty one;" traffic " has the meaning assigned to it in the Anti-Human Act No. 11 TraffickingAct, 2008; of 2008" transit permit " means a permit issued under subsection (4)of section thirty-two;" visa " means an endorsement on a valid passport of aforeigner, which is confirmed by examination by animmigration officer at the port of entry, granting that personthe authority to enter zambia ;"visiting permit" means a permit issued under section twentyfive;" work " includes the following:conducting any activity normally associated withthe running of a specific business; orbeing employed or conducting activities consistentwith being employed or with the profession ofthe person, with or without remuneration orreward; zambia Development Agency " means the Agencyestablished under the zambia Development Agency Act, Act No.