Migration Act 1978 (consolidated To No 15 Of 1996)

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INDEPENDENT STATE OF PAPUA NEW GUINEA. Migration Act 1978, Being an Act to repeal and re-enact the law relating to entry into the country. 1.

Compliance with Constitutional requirements.

(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely— (a) the freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and (b) the right to privacy conferred by Section 49 of the Constitution; and i

(c) the right to liberty of the person conferred by Section 42 of the Constitution, is a law that is made for the purpose of giving effect to the public interest in public order and public welfare. (2) For the purposes of Section 41 of the Organic Law on Provincial Governments and Local-level Governments, it is declared that this law relates to a matter of national interest. 2.

Interpretation.

In this Act, unless the contrary intention appears— "Administrator" means the Administrator of a relocation centre appointed under Section 15D; "authorized person" means the person authorized by the Minister or Departmental Head to exercise a power or discharge a duty or function under this Act; "child" includes a step child and lawfully adopted child; "conveyance" means a vessel, aircraft and any other conveyance capable of being used to convey persons; "dependant" means, in relation to a person, the spouse of that person, not living apart from that person under a decree of court or a deed of separation, and an unmarried child of that person under the age of 16 years; "entry" means— (a) in the case of a person arriving in the country by sea or air at a proclaimed port—leaving the precincts of that port; and (b) in the case of any other arrival in the country—entry into the country by land, sea or air, ii

but does not include an entry— (c) made for the purposes of complying with this Act; or (d) expressly or impliedly sanctioned by an officer for the purposes of an enquiry or detention under this Act; "entry permit" means an entry permit issued under Section 4— PNG National Legislation Page 1

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(a) (b)

which has not expired, been cancelled or become invalid; and which was not obtained or issued in consequence of fraud or misrepresentation or the concealment or non-disclosure, whether intentional or inadvertent, of a material fact or circumstance; "holder" means, in relation to an entry permit, a person permitted by that entry permit to enter the country; "member of the crew" means a person employed in the working of a conveyance; "officer" means— (a) the Departmental Head; or (b) an officer employed in the Migration and Citizenship Division of the Department; or (c) an officer for the purposes of the Customs Act 1951; or (d) a District Officer; or (e) a commissioned officer of the Police Force; or (f) a person authorized by the Minister to perform consular duties on behalf of the State outside the country; "passenger" means a person carried in a conveyance, other than a member of the crew; "passport" includes a document of identity issued from official sources, whether inside or outside the country, and having the characteristics of a passport; "person in charge" means— (a) in relation to a vessel—the master or person (except a pilot) having for the time being control or charge; and (b) in relation to an aircraft—the pilot; and (c) in the case of any other conveyance—the person having for the time being control or charge; "precincts of the port" means that part of the port at which customs and immigration formalities are conducted; "proclaimed port" means— (a) an aerodrome or a port within the meaning of the Customs Act 1951; or (b) any place proclaimed by the Minister by notice in the National Gazette to be a proclaimed port; iii "refugee" means a non-citizen— (a) permitted to remain in Papua New Guinea pending his settlement elsewhere; or (b) determined by the Minister to be a refugee; iv "relocation centre" means a place declared to be a relocation centre under Section 15B; "repealed Act" means the Act specified in Schedule 1; "removal order" means an order made under Section 12(1); "this Act" includes the regulations; "vessel" includes a ship or boat or other description of craft used in navigation. PNG National Legislation Page 2

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v

3.

Prohibition on entry without entry permit. No person, other than a citizen, shall enter the country unless— (a) he is the holder of an entry permit; or (b) he is a person, or a member of a class or description of persons, exempted by the Minister under Section 20 from the requirement to hold an entry permit.

4.

Issue of entry permit. (1)

A person seeking an entry permit shall apply for it in the prescribed manner.

(2) An officer or authorized person, on receipt of an application made under Subsection (1), may issue an entry permit. (3) An entry permit may be issued to a person before he has entered the country or after he has entered the country. 5.

Conditions of entry. An officer or authorized person may— (a) issue an entry permit subject to conditions; and (b) during the currency of an entry permit— (i) make it subject to conditions; and (ii) vary or cancel conditions to which it is subject.

6.

Cancellation of entry permit and Committee of Review.

(1) The Minister may cancel an entry permit by written notice under his hand served on the holder of the permit personally or by registered post. (2) Subject to Subsection (8), where a notice served under Subsection (1) relates to an entry permit issued for a period of more than six months, the person on whom the notice was served may, within seven days of the receipt of the notice, by written application to the Minister, request that the cancellation of the entry permit be reviewed by a Committee of Review. (3) On the receipt of an application made under Subsection (2), the Minister shall inform the Prime Minister of the application and the Prime Minister shall, as soon as practicable, appoint a Committee of Review, consisting of three Ministers, to consider the application. (4) On the appointment of a Committee of Review under Subsection (3), the Minister shall submit to the Committee the application and all information relevant to the applicant, his entry and stay in the country, and the reasons for the cancellation of his entry permit. (5) After considering the application and information submitted to it under Subsection (4), and after making any inquiries or investigations it considers necessary, the Committee of Review shall confirm the cancellation of the entry permit or recommend that its cancellation be revoked. PNG National Legislation Page 3

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(6) A Committee of Review may recommend that the revocation of a cancellation of an entry permit be subject to conditions. (7) A Committee of Review shall report its recommendations to the Minister who shall take all such action as may be necessary to implement those recommendations. (8) Where the Minister in a notice served under Subsection (1) states that the cancellation of the entry permit is for a breach of a condition imposed following a recommendation made in accordance with Subsection (6), the person on whom the notice is served shall have no right to apply to have the cancellation reviewed under Subsection (2). 7.

Unlawful presence in country.

(1) Subject to Subsection (2), the presence of a person, other than a citizen, in the country, is unlawful if— (a) he is not the holder of an entry permit; or (b) he evaded an officer for the purposes of entering the country. (2) The presence of a person in the country is not unlawful if he is leaving the country in accordance with Section 9(3). 8.

Power to refuse entry.

(1) Notwithstanding the possession of an entry permit, a person other than a citizen may, on arrival at the country or on reporting to an officer in accordance with Section 9(1), be refused entry if— (a) he is unable to satisfy an officer that he has the means to support himself, and any accompanying dependant during his proposed stay in the country; or (b) he is, in the opinion of an officer, suffering— (i) from a mental illness; or (ii) from a disease which would make his presence in the country a danger to the community; or (c) he refuses to submit to a medical examination after being required to do so under Subsection (2); or (d) he is not in possession of a valid passport. (2) An officer may, for the purposes of forming an opinion under Subsection (1)(b), require a person seeking to enter the country to submit himself to a medical examination by a medical practitioner, or detain him for that purpose. 9.

Duties of persons arriving in country.

(1) A person arriving at a proclaimed port from another country and seeking to enter the country shall appear before an officer. (2) A person appearing before an officer in accordance with Subsection (1) shall give to that officer any information the officer may require. (3) A person refused permission to enter the country after appearing before an officer in accordance with Subsection (1)— PNG National Legislation Page 4

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(a) if he arrived by vessel and is still aboard the vessel—shall not disembark; or (b) if he arrived by vessel and disembarked for the purpose of appearing before the officer— (i) shall return to the vessel; or (ii) if the vessel has sailed— (A) shall not depart from the precincts of the port except to a place approved by an officer; and (B) shall leave the country by the first available means in accordance with any instructions given by an officer. (4) A person refused permission to enter the country after appearing before an officer in accordance with Subsection (1)— (a) if he arrived by aircraft—shall return to the aircraft; or (b) if he arrived by aircraft and the aircraft has departed or there is not room on it for him— (i) shall not depart from the precincts of the port except to a place approved by an officer; and (ii) shall leave the country by the first available means in accordance with any instructions given by an officer. 10. Prevention of unlawful presence. (1) An officer shall prevent a person from entering or remaining in the country in contravention of this Act. (2) Where a person has entered or remained in the country in contravention of this Act, an officer shall— (a) return that person to the conveyance in which he arrived in the country and keep him there until its departure from the country; or (b) obtain a removal order in respect of that person; or (c) arrest that person and keep him in custody pending his prosecution under this Act. 11. Power to interrogate. (1) An officer may interrogate a person whose presence in the country he reasonably believes to be unlawful. (2) A person interrogated by an officer acting in accordance with Subsection (1) shall— (a) fully and truthfully answer all questions put to him which tend, directly or indirectly, to establish his identity, nationality or occupation; and (b) disclose and produce to the officer all documents in his possession or under his control relating to those matters. (3) All answers given or documents produced in accordance with Subsection (2) shall be admissible in evidence in proceedings under this Act against the person making or producing them. PNG National Legislation Page 5

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12. Removal orders. (1)

The Minister may order the removal from the country of— (a) a person whose presence in the country is unlawful; and (b) at the further discretion of the Minister—any dependants of such a person.

(2)

A removal order shall— (a) be served on the person to be removed; and (b) state a period from the date of service within which the person or dependants to be removed shall be removed or shall remove himself or themselves from the country.

(3)

The Minister may vary or revoke a removal order.

13. Power to detain and remove persons from country. (1) The Minister may order that a person against whom a removal order has been made be detained in custody until arrangements can be made for his removal from the country. (2)

A person against whom a removal order has been made may— (a) if he has not removed himself from the country within the period stated in the order; or (b) if he is being detained in accordance with an order made under Subsection (1), be placed on board a suitable conveyance by an officer, and may be detained in that conveyance until it leaves the country. (3) A person against whom a removal order has been made may be removed to any country which is under an obligation to receive him or to any country to which he consents to be removed if the government of that country agrees to receive him. (4) A person in charge of a conveyance going to a country to which a person is to be removed shall receive that person on board and on proper payment being made convey him to that country and give him accommodation and maintenance during the passage. (5) Subject to Section 14, the cost of the passage, accommodation and maintenance provided in accordance with Subsection (4) shall be paid by the person removed and the Minister may apply money or property of the person removed in payment of the whole or part of that cost, or if the Minister thinks fit, the whole or part of the cost shall be borne by the State. 14. Liability for expenses. (1)

Where a person— (a) enters the country in contravention of this Act; or (b) is refused entry to the country under the provisions of this Act, the person in charge, the owner, and his agent, of the conveyance in which that person came to the country shall be jointly and severally liable to pay to the State the expenses incurred by the State in connection with the care, maintenance and accommodation of PNG National Legislation Page 6

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that person and his passage from the country. (2) The Minister may direct that the whole or a part of the expenses referred to in Subsection (1) shall be borne by the State. 15. Duties of persons in charge of conveyances. A person in charge of a conveyance arriving in the country from another country shall— (a) in the case of a ship or aircraft arriving at a proclaimed port—prevent disembarkation from the conveyance until disembarkation has been authorized by an officer; and (b) inform an officer if he knows or has reasonable cause to believe, that in respect of a person on board, that person's presence in the country would be unlawful, and prevent that person from disembarking unless permitted by an officer; and (c) prevent, with such reasonable force as may be necessary, the disembarkation of— (i) a person who has been given into his custody under Section 13(4); or (ii) a person in respect of whom a removal order is in force; or (iii) a person whose presence in the country would to his knowledge be unlawful. vi 15A. Minister may determine non-citizen to be refugee. vii

The Minister may determine a non-citizen to be a refugee for the purposes of this Act. 15B. Relocation centres.

The Minister may, by notice in the National Gazette, declare a place to be a relocation centre for the accommodation of a refugee or a non-citizen who claims to be a refugee. viii 15C. Direction to reside in relocation centre. (1) The Minister may, by instrument in writing, direct a refugee or class of refugees or non-citizen claiming to be a refugee to reside in a relocation centre. (2) A direction under Subsection (1) is sufficient authority for a police officer to detain and take into custody the refugee or class of refugees or non-citizen claiming to be a refugee specified in the order for the purpose of taking that refugee or class of refugees or non-citizen claiming to be a refugee to a relocation centre and keeping that refugee or class of refugees or non-citizen claiming to be a refugee in that relocation centre. (3) A police officer acting under a direction under Subsection (1) may use such force as is reasonably necessary for the purpose of taking a person to a relocation centre. ix 15D. Control and management of relocation centres. (1) The Minister may appoint an officer to be the Administrator of a relocation centre. (2)

The Administrator shall have— (a) the control and management of a relocation centre; and (b) the services of officers for the purpose of managing a relocation centre.

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16. Offences. (1)

A person who— (a) enters or remains in the country in contravention of this Act; or (b) aids or abets or incites a person to enter or remain in the country in contravention of this Act; or (c) harbours a person whom he knows or has reasonable grounds for believing is acting or has acted in contravention of this Act; or (d) disobeys or disregards an obligation imposed on him under or by virtue of this Act; or (e) makes or causes to be made a false return, false statement, false representation, or wilfully withholds any relevant fact or information in connection with an obligation imposed on him under or by virtue of this Act; or (f) resists or obstructs, actively or passively, an authorized person, officer or other person exercising a duty under this Act; or (g) wilfully and without lawful excuse hinders or obstructs the removal of a person from the country in accordance with this Act; or (h) gives, sells or lends a passport, or entry permit to another person in order that it may be used in contravention of this or any other Act; or (i) uses for any purpose a passport or entry permit issued to another person; or (j) makes or causes to be made a false declaration for the purpose of obtaining an entry permit for himself or any other person; or (k) without lawful authority has in his possession or uses a forged, unlawfully altered, or irregular passport or entry permit or a passport or entry permit in which an endorsement has been forged or unlawfully altered; or x (l) hinders or obstructs a police officer acting in pursuance of a direction under Section 15C(1), is guilty of an offence. xi

Penalty: A fine not exceeding K5,000.00 or imprisonment for a term not exceeding six months. (2) An officer may order a person in charge of a conveyance who is charged with an offence under this Act not to remove his conveyance from the country until the charge has been heard or determined and the fine (if any) has been paid. 17. Evidence. A copy of a removal order purporting to be signed by the Minister shall be prima facie evidence of its contents. 18. Burden of proof. In proceedings under this Act the burden of proof shall lie, where the question in issue is— (a) whether a person is or is not a citizen—on the person contending that the PNG National Legislation Page 8

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person is a citizen; and (b) whether there is or is not an entry permit in force in respect of a person—on the person contending the existence of the entry permit; and (c) whether or not an exemption from a provision of this Act is applicable—on the person contending the applicability of the exemption; and (d) whether a person is or is not in possession of a passport—on the person contending the possession. 19. No appeal against decision of Minister, etc. (1) Without limiting the generality of Subsection (2), the expression "review or challenge" in that subsection includes— (a) a writ of certiorari, prohibition or mandamus or other form of prerogative writ, or other writ, order or process in the nature of such a writ; or (b) proceedings by way of appeal or for a writ, order or process referred to in Paragraph (a) (including proceedings for an order nisi or to show cause why relief should not be granted). (2) An act, proposed act or decision of the Minister relating to the grant or cancellation of an entry permit or to the removal of a person from the country, or any decision of a Committee of Review under Section 6, is not open to review or challenge in any court on any ground. 20. Exemptions. The Minister may, by instrument under his hand, exempt— (a) a person or a class or description of persons; or (b) a conveyance or class or description of conveyance, either absolutely or conditionally, from all or any of the provisions of this Act. 21. Repatriation. If the Minister is satisfied that a person, other than a citizen— (a) is destitute, infirm or mentally incapable; and (b) is unable to pay the cost of his passage and of the passage of any dependant to the country of his birth or citizenship or to a country, the government of which is prepared to receive him and any dependant; and (c) is willing to be repatriated, he may authorize the repatriation of the person and any dependant at the expense of the State, subject to any conditions he thinks fit to impose. 22. Minister to report to the Parliament. The Minister shall, at least once in every period of six months, give to the Parliament a report stating— (a) the number of entry permits cancelled by him during the period to which the report relates and brief details of the reasons for the cancellation; and (b) the number of persons removed from the country during the period to which PNG National Legislation Page 9

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the report relates and brief details of the reasons for the removals; and (c) the number of persons repatriated by him during the period to which the report relates and brief details of the reasons for the repatriations. xii 23. Regulations. The Head of State, acting on advice, may make regulations not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular for the purposes of prescribing— (a) the forms to be used for the purposes of this Act; and (b) the deposit or security to be made or given in respect of a person seeking to enter or remain in the country; and (c) the returns which the person in charge, the owner or his agent, of a conveyance entering or leaving the country from or for another country shall give in respect of the members of the crew and passengers on board that conveyance; and (ca) fees for services performed under this Act by authorized persons, whether those services are performed within or outside Papua New Guinea, and making provision for exemption from the payment of such fees; and xiii

(d) penalties of fines not exceeding K5,000.00 or imprisonment for a term not exceeding six months for offences against the regulations; and xiv (e) rules and procedures for the proper management and operation of relocation centres; and xv (f) authority to an Administrator to issue written instructions concerning procedures in a relocation centre. i

Section 1 end line repealed and replaced by Migration Amendment) Act 1989 (No. 10 of 1989), s2.

ii

Definition "Administrator" inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s3(a).

iii

Definition "refugee" inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s3(b).

iv

Definition "relocation centre" inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s3(b).

v

Section 3 repealed and replaced by Migration (Amendment) Act 1996 (No. 15 of 1996), s1.

vi

Section 15A inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s4.

vii

Section 15B inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s5.

viii

Section 15C inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s6.

ix

Section 15D inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s7.

x

Section 16(1)(l) inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s8.

xi

Penalty of s16(1) amended by Migration (Amendment) Act 1996 (No. 15 of 1996), s2.

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xii

Amended by No. 15 of 1982.

xiii

Section 23(d) amended by Migration (Amendment) Act 1996 (No. 15 of 1996), s3.

xiv

Section 23(e) inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s9.

xv

Section 23(f) inserted by Migration (Amendment) Act 1989 (No. 10 of 1989), s9.

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INDEPENDENT STATE OF PAPUA NEW GUINEA. Migration Regulation 1979, MADE under the Migration Act 1978. i

1.

Application for entry permit or extension of entry permit. A person seeking an entry permit shall— (a) complete an application form in Form 1; and (b) send the application to an authorized officer together with— (i) his passport; and (ii) the prescribed fee for an entry permit for the purpose for which his application is made.

ii

2.

Grant of entry permit. (1)

Subject to Subsection (2), an entry permit shall be— (a) in Form 2 and shall be stamped in the holder's passport; or (b) where the entry permit is issued subject to conditions with or without a statement of the purpose for which it is issued in Form 3 and may be stamped in the holder's passport.

(2)

An entry permit shall be granted, in the case of— (a) a tourist/visitor (including the owner/captain or members of the crew of a yacht)—for 60 days; and (b) a non-resident business visitor—for 12 months with each visit within that period not to exceed 60 days; and (c) a resident in employment and a non-working spouse of a resident in employment—for a period of three months to three years to accord with the period of employment and shall be valid for multiple entries; and (d) a consultant or specialist—for a period not exceeding three months and may be valid for multiple entries; and (e) a person determined by the Minister to be in a special category of persons— for a period of one to five years and may be valid for multiple entries.

iii

3.

Extension of period of validity. (1)

A person seeking an extension of an entry permit shall— (a) complete an application form in Form 3; and (b) send the application to an authorized officer together with— (i) his passport; and (ii) in the case of an extension of a business visa, supporting documents; and

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(iii) where the application is made on or before the expiry of the entry permit extension of which is sought—the prescribed extension application fee; and (iv) where the application is made after the expiry of the entry permit extension of which is sought—the prescribed late extension application fee. (2) A permit extending the period of validity of an entry permit shall be in Form 5 and shall be stamped in the holder's passport. iv 3A. Changes of employment or status. (1)

The holder of an entry permit who— (a) wishes to change the status of the entry permit by reason of— (i) being a legally dependent spouse with teaching, medical or other essential qualifications wishes to obtain employment; or (ii) having while in the country changed his marital status; or (b) being the holder of an entry permit allowing employment with a named employer— (i) having completed or being deemed to have completed his contractual commitment to that employer wishes to obtain employment with another employer; or (ii) is affected by a legal change of name of the employer,

wishes the entry permit changed in respect of the name of the employer, may apply for a change of status of the entry permit or change of name of the employer in the entry permit, as the case may be. (2)

4.

An application under Subsection (1) shall be— (a) in writing; and (b) submitted to an authorized person; and (c) accompanied by— (i) the passport of the applicant; and (ii) suitable documentary evidence concerning the change giving rise to the application; and (iii) the prescribed fee. Holder of entry permit to enter within six months.

Unless an authorized person otherwise directs, an entry permit issued to a person not in the country at the time of issue shall become invalid unless the holder enters the country within six months of the issue of the permit. 5.

Entry permit exemption stamp.

The stamp which may be placed in the passport of a person permitted to enter and remain in the country without an entry permit shall be in Form 6. PNG National Legislation Page 2

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6.

Arrival cards. (1)

A person entering the country from another country shall— (a) on arrival, complete an arrival card and hand it to an officer; or (b) before arrival, complete an arrival card and hand it to a member of the crew of the conveyance on which travel to the country is being made.

(2)

An arrival card shall be in Form 7.

7.

Departure cards.

(1) A person leaving the country for another country shall before leaving complete a departure card and hand it to an officer. (2) 8.

A departure card shall be in Form 8. Return in respect of person failing to continue his journey.

The person in charge, or the owner or his agent, of a conveyance which brings to the country a passenger whose destination is outside the country, shall, before that conveyance leaves the country, inform an officer at a proclaimed port if that passenger fails to return to the conveyance to continue the journey. 9.

Return in respect of absent crew member.

The person in charge, or the owner or his agent, of a conveyance which is leaving the country for another country shall, before that conveyance leaves the country, inform an officer at a proclaimed port if a member of the crew has failed to return to the conveyance. 10. Requirement of onward ticket, etc. (1)

An officer may require a person seeking to enter or remain in the country— (a) to produce to him a ticket entitling that person to a confirmed passage by sea or air to another country, together with evidence of authority to enter that country; and (b) to possess that ticket at all times until he leaves the country.

(2) For the purpose of guaranteeing compliance with Subsection (1)(b) an officer may stamp a ticket with a stamp in Form 9. (3)

A person who, without the consent of an officer or authorized person— (a) cancels, varies, or transfers a ticket stamped in accordance with Subsection (2); or (b) accepts a cancellation, or allows a variation or transfer of a ticket stamped in accordance with Subsection (2); or (c) obtains or gives a refund in respect of a ticket stamped in accordance with Subsection (2), is guilty of an offence. 11. Requirement of deposit. PNG National Legislation Page 3

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(1) An officer or authorized person may require a person seeking to enter or remain in the country to deposit a sum not exceeding K1,000.00 with the State. (2) A sum, or its balance, deposited under Subsection (1), shall be refunded when an officer or authorized person considers it is no longer necessary to retain it. 12. Requirement for maintenance guarantee. (1) An officer or authorized person may, in respect of a person seeking to enter or remain in the country, require some other person to enter into a maintenance guarantee, with or without sureties, in a sum not exceeding K1,000.00. (2)

A maintenance guarantee shall be in Form 10.

(3) A maintenance guarantee shall remain enforceable until an officer or authorized person is satisfied that the State can incur no liability in respect of a person covered by it. (4) A maintenance guarantee shall have effect notwithstanding that it is under the hand of the guarantor and not sealed. 13. Offences and penalties. (1) A person who fails to comply with an obligation under this Regulation is guilty of an offence. v

(2) The penalty for an offence under this Regulation is a fine not exceeding K5,000.00 or imprisonment for a term not exceeding six months. SCHEDULE 1. PAPUA NEW GUINEA. Migration Act. vi

Reg. Sec. 1.

Form 1.

PLEASE READ THESE NOTES CAREFULLY BEFORE FILLING IN THE APPLICATION FORM. GENERAL: Papua New Guinea welcomes tourists and visitors. Our country is a rapidly developing country and has great need of skilled people to help in its development. This country has its own immigration and labour legislation, the administration of which is the responsibility of the Ministers of the Papua New Guinea National Parliament.

purpose of their visit when lodging the request for an entry permit. This statement must be supported, in writing, by a sponsor in PNG.

All Persons entering Papua New Guinea must have a valid permit and passport to enter. Permits are issued only for

Under the Employment (Training and Regulations) Act 1971, which is administered by the Department of Labour

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ENTRY FOR EMPLOYMENT Papua New Guinea regulates entry of immigrants seeking employment in the country.

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the purpose and period stated in the application.

The main conditions for issue of permits that are common to all applicants are that they must have accommodation available, be not adversely recorded from a security point of view, be of good character, and be physically and mentally healthy.

An entry permit may be cancelled at any time.

and Employment, an immigrant cannot engage in any form of employment whether paid or unpaid, unless prior approval is given by the Department of Labour and Employment to the prospective employer, upon written request. An immigrant who is employed or accepts employment without approval by the Department of Labour and Employment, becomes a prohibited immigrant and is liable for prosecution and deportation. Regular inspections are carried out by inspectors under the Act in Papua New Guinea to ensure these requirements are observed.

TOURISTS/VISITORS Tourists and visitors can obtain entry permits for up to two months, provided they satisfy the general conditions mentioned above and (a) have a return or onward airline ticket to a destination beyond Papua New Guinea and authority to enter therein; (b) have funds to maintain themselves (K300.00 a month) or will be maintained by relatives; (c) they do not engage in any form of employment whether paid or unpaid; and (d) any other conditions that may be imposed on arrival

WARNING: Persons who do not observe the following requirements are liable to heavy penalties under Papua New Guinea Immigration Law. 1) Entry permit holders must ensure that they always have a valid permit and passport. Holders of expired or cancelled entry permits are prohibited immigrants and may be deported 2) The Migration Act 1978 lays down penalties for persons who deliver or otherwise furnish for official purposes of the government, documents containing information or statements that are false or misleading.

OTHER NON-WORKING ENTRANTS Persons entering for entertainment, research, filming, journalism, aid or religious purposes must state the ADDRESSES: AUSTRALIA: Queensland:

NEW ZEALAND:

FIJI:

USA:

Papua New Guinea Consulate 15 Lake Street PO Box 8114 CAIRNS QLD 4870

PNG High Commission 279 Willis Street PO Box 197 WELLINGTON

Papua New Guinea Embassy PO Box 2447 SUVA

Papua New Guinea Embassy 1615 New Hampsire Avenue Suite 300 WASHINGTON DC 20009

OR PNG Consulate General 99 Creek Street PO Box 220

JAPAN: Papua New Guinea Embassy Mita Kokusai Building 3F 313

UNITED KINGDOM: Papua New Guinea High Commission 14 Waterloo Place

INDONESIA: Papua New Guinea Embassy Panin Bank Centre 6th Floor,

PNG National Legislation Page 5

This is an official copy of the Legislation of PNG

BRISBANE QLD 4001

4-28 Mita 1-Chome TOKYO

LONDON SW1R 4AR

Jalan Jendral Sudirman 1 JAKARTA 10270

Australian Capital Territory: PNG High Commission 39-41 Forster Crescent PO Box E 432 PARKES ACT 2600

THE PHILIPPINES: Papua New Guinea Embassy 280 Magnolia Street Dasmarianas Village MAKATI METRO MANILA

EUROPEAN COMMUNITY: MALAYSIA: Papua New Guinea Papua New Guinea High Embassy Commission Avenue De Tervuren 430 No. 5 Jalan U Thant 1150 BRUSSELS 55000 KUALA LUMPUR

New South Wales and all other States: PNG Consulate General 100 Clarence Street PO Box 4201 SYDNEY NSW 2001

SOLOMON ISLANDS: Papua New Guinea High Commission PO Box 1109 HONIARA

SINGAPORE: Papua New Guinea High Commission 300 Beach Road #31-05 The Concourse SINGAPORE 0719

ALL OTHER COUNTRIES: The nearest Australian Diplomatic Mission

Form 1 Department of Foreign Affairs and Trade

APPLICATION FOR ENTRY PERMIT INSTRUCTIONS

OFFICE USE ONLY

1 Please read the notes on the rear of this form before completing the form.

Date Received: / / By: File No: Group:

2 A separate form is required for each person seeking entry to PNG who is travelling on their own passport Where the application is in respect of a child under 16 years of age, both parents must sign the application.

Receipt: ICD Clear: EPIS Registered on: / / Decision: / Applicant Notified on: / /

3 Please write legibly or use a typewriter and answer all questions as fully as possible. 4 The completed form and the applicant's passport should be sent to one of the addresses on the reverse of this form. TICK THE PURPOSE AND CIRCLE A DESCRIPTION OF YOUR VISIT TO PNG: Visitor

Working Resident

Tourist Tour Package Tourist Own Itinerary Visiting Relative

Journalist Yachts person

Business

Student

Short term Multiple Entry

Formal Education

Entertainer

Occupational Trainee.

Special Exemption

Commercial Film-maker Comedian Charity Gospel Group

Business person/Investor Short-term Employment Employment Consultant/Specialist Working Dependant Dependant of Citizen

Musician

Cultural Exchange

Melanesian Spearhead

Foreign Official Diplomat Aid Worker/Volunteer Researcher/Academic Film-maker Religious Worker (Non-commercial) Emergency Relief Worker Sportsperson Medical Domestic Worker

Accompanying another applicant as a dependent on my own passport Days: PNG National Legislation Page 6

Months:

Years:

This is an official copy of the Legislation of PNG

HOW LONG DO YOU WISH TO STAY IN PNG:

________ or________ or_________

PERSONAL DETAILS: Family Name _________________________

Given Names__________________________

Date of Birth _____________________ Day Month Year

Marital Status Never Married

Sex Male Female

Widowed

Married

De facto

Divorced

Country of Birth ______________________

Nationality _______________________

Passport Number ______________________

Expiry Date _______________________

Occupation ____________________

Day Month Year Passport Issue Date _____________________ Day Month Year

Passport Issuing Place __________________

Passport Issuing Authority ________________________

TRAVEL ARRANGEMENTS: Name of Vessel/Flight

Departure to PNG Port: _________________

___________________ Date

/ /

Date

Arrival in PNG Port: ________________________

/ /

PAPUA NEW GUINEA. Migration Act 1978. Reg. Sec. 2.

Form 2. ENTRY PERMIT

Holder permitted to enter on or before . . . ,20 . . . for the sole purpose of and to remain until . . . , 20 . . . Issued at Date . . . , 20 . . . Valid for Multiple Entries. PAPUA NEW GUINEA. Migration Act 1978. Reg. Sec. 2.

Form 3. ENTRY PERMIT SUBJECT TO CONDITIONS.

Purpose (if any) for which permit is issued: PNG National Legislation Page 7

This is an official copy of the Legislation of PNG

Permit No.: Subject to the Migration Act and to the following conditions, permission is given to (name of holder) to enter and remain in Papua New Guinea from (date of commencement) to (date of expiry). Conditions of entry (specify): Particulars of holder (if required):— Place of birth: Fix here passport size photo of holder. Date of birth: Sex: Distinguishing features: Usual occupation: Address in Papua New Guinea: Dependants— Full name of wife: Place of birth of wife: Date of birth of wife: Number of children: Names and sex of children: Valid for single entry only. Place of issue: Dated . . . , 20 . . . . Authorized person. I (full name of holder) undertake to abide by the conditions of this permit. (Signature of Holder.). Witness: Address: Occupation: Dated . . . , 20 . . . . PAPUA NEW GUINEA. Migration Act 1978. vii

Reg. Sec. 3.

Form 4. Department of Foreign Affairs and Trade

APPLICATION TO EXTEND ENTRY PERMIT INSTRUCTIONS PNG National Legislation Page 8

OFFICE USE ONLY

This is an official copy of the Legislation of PNG

1. A separate form is required for each person seeking an extension to an entry permit who has their own passport. Where the application is in respect of a child under 16 years of age, both parents must sign the application. 2. Please write legibly or use a typewriter and answer all questions as fully as possible. 3. The completed form and the applicant's passport should be sent to: The Director General Immigration and Citizenship Division P O Box 422 WAIGANI

Date Received: / / By: File No:______ Group:_______ Receipt:__________________ EPRS Registered on: / Decision:

/

/

/

Applicant Notified on:

/

/

PERSONAL DETAILS: Family Name ___________________________

Given Names ______________________________

Date of Birth

Marital Status

Sex

_______________ Day Month Year

Male

Never Married

Married

Female

Widowed

Divorced

Country of Birth ______________

Nationality __________________________

Passport Number ______________

Expiry Date __________________________ Day

Month

Year

HOW LONG DO YOU WISH TO STAY IN PNG:

Days Months: __________ or_______

Years: or________

PLEASE STATE THE REASON YOU NEED AN EXTENSION: __________________________________________________________________________ EXISTING ENTRY PERMIT DETAILS: Entry Permit Number

Entry Permit Expiry Date

Date of last entry into PNG:

day Month Year

Day Month

Year

Entry Permit Type ________________________

Entry Permit Class _______________________________________________

Date of Issue ________________________ Day Month Year

Place of Issue ______________________________

ADDRESS WHILE IN PNG: Number and Street _________________________________________________________________________ Town/Village _______________________

Province _______________________________

Postal Address _______________________

Home Telephone ___________________

ADDRESSES: PNG National Legislation Page 9

Business Telephone _________________________

This is an official copy of the Legislation of PNG

RESIDENTIAL: Number and Street _________________________________________________________________________ Suburb/Town _______________________

State/Province _______________________

Postcode ___________________

Country _______________________

Home Telephone _______________________

Business Telephone ___________________

PNG: Number and Street _________________________________________________________________________ Town/Village _____________________

Province ______________________________________________

Postal Address _________________________

Home Telephone _________________________

Business Telephone ___________________

EMERGENCY CONTACT: Family name _________________

Given Names ___________________

Relationship to Applicant ______________________________

Contact Address Number and Street _________________________________________________________________________ Suburb/Town ___________________

State/Province ____________________

Postcode _______________________________

Country ___________________

Home Telephone ____________________

Business Telephone _______________________________

DECLARATION: By signing this form, I, ..................... declare that the information provided on the form is true and correct, and that I have disclosed all information that may be relevant to determining whether I should be granted an entry permit to travel to and stay in Papua New Guinea. PHOTOGRAPH

Signature of Applicant/Parents/Guardian ________________________________ Date:

/

/

.

For entry for the purposes of employment:

For all other types of entry:

Please attach copies of the following documents:

How will you be funding your stay in PNG?

A letter of offer of employment from your PNG sponsor. PNG National Legislation Page 10

Salary

This is an official copy of the Legislation of PNG

The letter of approval of your work permit, including the work permit, number, position number and expiry date.

Company sponsor

A certificate of good health from a registered doctor, a recent chest X ray, and the results of a recent HIV test.

Own funds

A statement of your good character from your local police authorities.

Family

If you have ever changed your name, are known by an alias, or own another passport, please provide details: PREVIOUS NAME/ALIAS DETAILS: Family Name ___________________

Given Names ____________________

Date of Birth _________

Sex Marital Status ____ ___________

OTHER PASSPORTS: Country of Issue ____________________

Passport Number _________________

Passport Expiry Date _________________________

ORGANISATIONAL SPONSOR: Organisation Name ________________________________

Agent ______________________________

Contact Address Number and Street __________________________________________________________________________ Suburb/Town __________________

State/Province _____________________

Postcode ____________________

Country __________________

Business Telephone _____________________

Facsimile ____________________

Have you visited PNG before:

Yes

No

If yes, please give details of your last visit Date ______________ Day Month Year

Purpose of visit _________________

Have you been convicted of a criminal offence:

Duration of visit Address during stay ________________ ____________ Yes

No

If yes, please give details of the date, nature of offence, place of conviction and the penalty imposed. _________________________________________________________________________ Have you been deported from, or refused entry to Papua New Guinea, or any other country: Yes No If yes, please give details. _________________________________________________________________________ Have you been a patient in a mental home/institution, or do you suffer from a disease which may constitute a health risk to Papua New Guinea: Yes No If yes, please give details. _________________________________________________________________________ PNG National Legislation Page 11

This is an official copy of the Legislation of PNG

How will you be funding your continued stay in PNG?:

Salary Own funds

Company sponsor Family

ORGANISATIONAL SPONSOR/EMPLOYER (IF APPLICABLE) Organisation Name _______________________

Agent ______________________________________________

Lot and Section No _________________________________________________________________________ Town/Village ______________________

Province ______________________________________________

Postal Address _______________________

Telephone _____________________

Facsimile _____________________

If you have changed your name, are known by an alias, or own another passport, please provide details: PREVIOUS NAME/ALIAS DETAILS: Family Name _______________

Given Names ___________________

Date of Birth _______________

Sex Marital Status __________________

Passport Number __________________________

Passport Expiry Date ___________________

OTHER PASSPORTS: Country of Issue _______________

Have you been convicted of a criminal offence while in PNG:

Yes

No

If yes, please give details of the date, nature of offence, place of conviction and the penalty imposed. _________________________________________________________________________ DECLARATION: I, ............................................. declare that the information provided on the form is true and correct, and that I have disclosed all information that may be relevant to determining whether I should be granted an entry permit to travel to and stay in Papua New Guinea. Signature of Applicant/Parents/Guardians/ Date:

/ /

PAPUA NEW GUINEA. Migration Act 1978. Reg. Sec. 3(2).

Form 5. Extension of Period of Validity Stamp. VALIDITY OF THIS PERMIT EXTENDED TO . . . . Authorized Person. Dated . . . , 20 . . . . PAPUA NEW GUINEA. Migration Act 1978.

Reg. Sec 5. PNG National Legislation Page 12

Form 6.

This is an official copy of the Legislation of PNG

Entry Permit Exemption Stamp. PERMITTED TO ENTER AND REMAIN IN COUNTRY WITHOUT ENTRY PERMIT. Authorized Person. Dated . . . , 20 . . . . viii

PAPUA NEW GUINEA. Migration Act 1978.

Reg. Sec. 6.

Form 7. ARRIVAL CARD.

Family name (in capitals): Male. Female. Given names (in capitals): Married. Not married. Passport No: Nationality (in passport): Date of birth—

Country of birth:

day/month/year Port of entry: Occupation: Permanent address— State. Country. Address in Papua New Guinea/Tour operator: Purpose of journey— Returning or intending resident. School child visiting parents. Visitors to Papua New Guinea— Visit friends and relatives. Short term employment. Holiday. Other (e.g. sport/entertainment). Business, official, conference. (Specify.) Intended stay .../.../... days weeks months Flight No. or name of ship . . . from Signature.

Dated . . . , 20 . . .

PNG National Legislation Page 13

This is an official copy of the Legislation of PNG

WARNING—It is an offence under the Employment of Non-Citizens Act for a non-citizen to engage in any occupation unless a valid work permit has been granted. Penalty—a fine of up to K500.00. PAPUA NEW GUINEA. Migration Act 1978. Reg. Sec. 7.

Form 8. DEPARTURE CARD.

Family name (in capitals): Male. Female. Given names (in capitals): Married. Not married. Passport No.: Nationality (in passport) Date of birth—

Country of birth:

day/month/year. Port of entry: Occupation: Permanent address— State. Country. Address in Papua New Guinea/Tour operator. Purpose of journey— Resident departing temporarily. Resident departing permanently. Child or resident proceeding to school. Visitor or temporary resident departing. How long did you stay— .../.../... days weeks months Flight No. or name of ship. Destination. Signature.

Dated . . . , 20 . . . . PAPUA NEW GUINEA. Migration Act 1978.

Reg. Sec. 10.

Form 9. ONWARD TICKET STAMP.

PNG National Legislation Page 14

This is an official copy of the Legislation of PNG

TICKET NOT TO BE CANCELLED, VARIED OR TRANSFERRED WITHOUT APPROVAL OF AUTHORIZED PERSON. PAPUA NEW GUINEA. Migration Act 1978. Reg. Sec. 12.

Form 10. MAINTENANCE GUARANTEE.

I, (full name of guarantor) of (address of guarantor) in consideration of (name of immigrant) ("the immigrant") being allowed to enter and remain in the country, agree that if the State incurs any expense in respect of— (a) the accommodation of the immigrant; or (b) the medical or dental care of the immigrant; or (c) the passage of the immigrant to a place outside the country, I will, on demand being made on behalf of the State, pay to the State an amount equal to such expense. (Signature of Guarantor.) (Signature of Witness.) Dated . . . , 20 . . . . i

Section 1 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s1.

ii

Section 2 • Section 2(c) added by Migration (Amendment) Regulation 1989 (No. 18 of 1989). • Repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s2.

iii

Section 3 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s3.

iv

Section 3A inserted by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s4.

v

Section 13(2) amended by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s5.

vi

Form 1 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s6.

vii

Form 4 repealed and replaced by Migration (Amendment) Regulation 1995 (No. 13 of 1995), s6.

viii

Amended by No. 10 of 1982.

PNG National Legislation Page 15