IMMIGRATION ACT, 2000 (ACT 573)
ARRANGEMENT OF SECTIONS
Section
PART I—ENTRY AND DEPARTURE
1. Disembarkation
2. Appearance before immigration
officer on entering Ghana
3. Illegal place of entry and
border-resident
4. Conditions for entry into Ghana
5. Re-entry Visa
6. Power to make enquiries
7. Power to detain a person for
further examination
8. Prohibited immigrant
9. Embarkation
10. Appearance before immigration
officer of person leaving Ghana
11. Illegal exit
12. Conditions of departure
PART II—RESIDENCE AND EMPLOYMENT
OF FOREIGN NATIONALS IN GHANA
13. Residence permits
14. Indefinite residence status
15. Indefinite residence status
generally
16. Indefinite residence status
for foreign spouses
17. Right of Abode
18. Consequences of indefinite
residence status and right of
abode status
19. High Court may revoke the
right of abode status
20. Expiration and revocation of
permit or other authorisation
21. Removal of illegal immigrants
22. Authority of immigration
officer to arrest and prosecute
23. Renewal of permits
24. Employment of foreign
nationals
25. Establishment of Immigrant
Quota Committee
26. Composition of the Committee
27. Functions of the Committee
28. Work permit and immigrant
quota
29. Other bodies dealing with
immigrant quotas
30. Change or cessation of
employment
31. Annual returns
32. Renewal of quotas and work
permits
33. Employers guarantee
34. Registration of foreign
nationals in Ghana
PART III—DEPORTATION
35. Person liable to deportation
36. Deportation order
37. Effect of deportation order
38. Power to arrest
39. Power to record identification
40. Supervision order
41. Expenses of deportation
PART IV—EXEMPTION, DETENTION AND
PETITION
42. Exemption of crew entering
Ghana
43. Liability of master or other
person for detention expenses
44. Power to search vessel or
aircraft
45. Offence in Ghanaian
territorial zone
46. Submission of petitions
47. Petition not to act as stay of
action
PART V—MISCELLANEOUS PROVISIONS
AND OFFENCES
48. Refugees
49. Prohibited areas
50. Returns to the Minister
51. Residual powers
52. Offences
53. Burden of proof
54. Carrier liability
55. Regulations
56. Interpretation
57. Repeals or savings
SCHEDULE
Schedule
FIVE HUNDRED AND SEVENTY-THREE
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE IMMIGRATION ACT, 2000
AN ACT to re-enact with amendments
the law relating to immigration;
to provide for the admission,
residence, employment and removal
of foreign nationals and to
provide for related matters.
DATE OF ASSENT: 2nd February, 2000
BE IT ENACTED by Parliament as
follows
PART I—ENTRY AND DEPARTURE
Section 1—Disembarkation.
A
person in charge of a sea-going
vessel, aircraft or vehicle
arriving at any port or place in
Ghana shall not permit a passenger
who embarked outside Ghana to
disembark until disembarkation has
been authorised by the immigration
officer.
Section 2—Appearance Before
Immigration Officer on Entering
Ghana.
(1) A person entering Ghana shall
enter at an authorised point and
shall proceed to the nearest
immigration office, produce his
travel document and complete the
prescribed forms.
(2) A person who arrives by sea
or air in Ghana at a place other
than an authorised place or port,
shall within forty-eight hours
proceed to and report to the
immigration officer at the nearest
immigration post.
(3) An immigration officer to whom
a person reports in accordance
with this section shall, if the
person is not prohibited from
entering Ghana, and he is
satisfied by documentary or other
evidence of the person's identity
grant that person entry subject to
this Act.
(4) An immigration officer may
dispense with the personal
attendance of any person if he is
satisfied by documentary or other
evidence of that person’s identity
and right to enter Ghana.
(5) This section does not apply to
any person who enters Ghana in
direct transit to a place outside
Ghana where that person arrives
in:
(a) a vessel which is proceeding
to a place outside Ghana and does
not disembark from the vessel;
(b) an aircraft, and does not
leave the transit area of the
airport and leaves Ghana within
twenty-four hours of arrival on
the same aircraft or another
aircraft; or
(c) a vehicle or vessel or
aircraft and is escorted by an
immigration officer from the point
of entry to the exit point, and
leaves Ghana within forty-eight
hours of arrival.
(6) Any person who contravenes
this section commits an offence
and is liable on summary
conviction to a fine not exceeding
five million cedis or imprisonment
for a term not exceeding twelve
months or to both.
(7) Subject to this Act,
Regulations may provide for
passengers in transit without
entry visa to enter Ghana for the
purpose of seeing places of
interest.
Section 3—Illegal Place of Entry
and Border-Resident.
(1) A person shall not enter Ghana
except by one of the approved
places of entry into Ghana.
(2) For the purposes of this
section, an approved place of
entry is—
(a) a place in Ghana in respect of
which landing or docking rights
have been granted to an aircraft
or vessel; or
(b) a place specified in the
Schedule to this Act.
(3) The Minister in consultation
with the Immigration Service Board
may by legislative instrument
amend the Schedule to this Act.
(4) Regulations may be made under
this Act to provide for free
movement across the border of a
border-resident for the purpose of
attending to his routine economic
or social matters.
(5) Without prejudice to any other
penalty imposed by or under this
Act a person who contravenes a
provision of this section commits
an offence and is liable on
summary conviction to a fine of
not less than one million cedis or
to a term of imprisonment of not
less than three months and not
exceeding twelve months or to both
Section 4—Conditions for Entry
into Ghana.
(1) Subject to this Act where an
immigration officer is satisfied
that a person other than a citizen
of Ghana entering Ghana;
(a) is in possession of a valid
passport or other travel document
and a valid visa to enter Ghana
where applicable;
(b) is exempted from obtaining a
visa to enter Ghana;
(c) has his name endorsed upon a
visa and is in the company of the
holder of the visa;
(d) has applied and been granted
an emergency entry permit; or
(e) is a person admitted to
diplomatic status by the
Government of Ghana, the
immigration officer may permit
that person to enter Ghana for a
period that may be specified.
(2) A prohibited immigrant within
the meaning of section 8 shall not
be permitted to enter Ghana.
(3) Where a person who appears
before an immigration officer does
not have a visa or an emergency
entry permit, the immigration
officer may grant him a visa
subject to such conditions as may
be prescribed by Regulations, and
to such other conditions that the
immigration officer may impose.
(4) Conditions prescribed for the
purpose of this section may relate
to—
(a) security to be furnished
whether by bond, deposit or
otherwise, and the liability of
the person who provides the
security;
(b) place of residence in Ghana;
(c) occupation or business to be
followed or undertaken;
(d) any activities which might
offend the religious beliefs of
any section of the community;
(e) in the case of permission for
passing through Ghana, the route
to be followed; and
(f) in the case of any condition
or permit in the form of a pass,
the return of the pass.
Section 5—Re-entry Visa.
(1) Where a person lawfully in
Ghana who is not—
(a) a citizen of Ghana; or
(b) the holder of residence
permit, seeks to leave Ghana
temporarily he may apply to the
Director in the prescribed manner
for a re-entry visa authorizing
him to re-enter Ghana.
(2) Upon application made under
sub-section (1) and the payment of
the prescribed fee, the Director
may issue to the applicant a
re-entry visa to be stamped in the
applicant’s passport or other
travel document and this shall be
valid until it expires or is
cancelled.
Section 6—Power to Make Enquiries.
The Director or any immigration
officer authorised by him may
before the issue of any permit or
visa under this Act make enquiries
or require the production of
evidence in order to satisfy
himself as to the truth of any
statement made in the application
for the permit.
Section 7—Power to Detain a Person
for Further Examination.
(1) Where an immigration officer
is in doubt as to the right of any
person to enter Ghana, the officer
may send that person to be
detained and that person shall
remain in custody pending the
determination of the matter.
(2) The Director may pending the
completion of enquiries in respect
of a detained person, release that
person from custody upon such
directions as he may determine and
may for that purpose, issue a
temporary permit to that person.
(3) A person who refuses or
neglects to comply with a
direction given by an immigration
officer under sub-section (1) or
who leaves the detention area in
contravention of sub-section (1)
commits an offence and is liable
on summary conviction to a fine
not exceeding five million cedis
or imprisonment for a term not
exceeding twelve months or both.
Section 8—Prohibited Immigrant.
(1) A Person other than a citizen
of Ghana is a prohibited immigrant
for the purposes of this Act if
that person:
(a) has a deportation order in
force against him made under this
Act or any other enactment;
(b) is unable to show that he has
the means of supporting himself
and his dependants if any, or is
destitute and likely to be a
burden on the public;
(c) refuses to submit to a
medical examination after being
required to do so by a health
officer;
(d) has been sentenced in a
foreign country for any
extraditable crime within the
Extradition Act of Ghana;
(e) has been certified by a health
officer to be medically unfit to
enter Ghana;
(f) has been declared by the
Minister by executive instrument
to be a person whose entry into
Ghana is not conducive to the
public good;
(g) procures or attempts to bring
into Ghana any person for the
purpose of prostitution or other
immoral purpose;
(h) is a person whose activities
are contrary to the laws of Ghana;
or
(i)
is the dependent of to person to
whom any of the provisions of this
subsection applies.
(2) A person who enters Ghana
while he is a prohibited immigrant
commits an offence and is liable
on summary conviction to a fine
not exceeding ten million cedis or
to imprisonment for a term of not
less than six months and not
exceeding two years or to both.
(3) Where a person is charged with
an offence under subsection (2),
the burden of proof that he is not
a prohibited immigrant lies upon
that person.
(4) An immigration officer may—
(a) prevent a prohibited immigrant
from entering Ghana, or if he has
already entered Ghana, direct him
to depart from Ghana by the first
available means, and may use all
necessary force to ensure
compliance with his directive;
(b) direct a prohibited immigrant
not to disembark from any ship,
vehicle or aircraft on which he
may be, or not to depart from any
place where he may be, except to
go to some other place approved by
the immigration officer; or
(c) arrest a prohibited immigrant
without warrant and effect his
repatriation or arraign him before
a court for an offence under
sub-section (2).
(5) Where an immigration officer
directs a prohibited immigrant to
depart from Ghana by the first
available means under paragraph
(a) of sub-section (4), he may at
the same time direct the person in
charge or the owner or agent of
any vessel, vehicle or aircraft
from which the prohibited
immigrant disembarked to remove
him from Ghana by the first
available means.
(6) A person who fails to comply
with a directive given under
subsection (5) to remove a
prohibited immigrant commits an
offence and is liable on summary
conviction to a fine not exceeding
five million cedis or to
imprisonment for a term not
exceeding twelve months or to
both.
(7) Where a directive has been
given under paragraph (a) or (b)
of subsection (4), the person to
whom the directive has been given
shall be deemed to be in lawful
custody.
Section 9—Embarkation.
A
person in charge of a vessel,
aircraft or vehicle departing from
any port or place in Ghana shall
not permit any passenger to embark
until embarkation has been
authorised by an immigration
officer.
Section 10—Appearance Before
Immigration Officer of Person
Leaving Ghana.
(1) A person leaving Ghana shall
appear before an immigration
officer at the immigration post at
any of the approved places of
departure.
(2) The immigration officer may
examine a person who appears
before him and shall ask that
person to complete a form as may
be prescribed.
(3) The immigration officer may
dispense with personal attendance
of any person leaving Ghana if he
is satisfied by documentary or
other evidence of the person’s
identity and his right to leave
Ghana.
(4) A person who wilfully or
recklessly makes a statement to an
immigration officer which is false
or who refuses to answer a
question properly put to him by an
immigration officer may be
disallowed re-entry into Ghana
temporarily.
Section 11—Illegal Exit.
(1) A person shall not leave
Ghana, except by an approved place
of departure.
(2) Without prejudice to any other
penalty imposed by or under this
Act, a person, who contravenes
subsection (1) commits an offence
and is liable on summary
conviction to a fine of not less
than one million cedis or to a
term of imprisonment of not less
than three months or more than one
year or to both.
(3) For the purpose of this
section, an approved place of
departure is a place mentioned in
section 3, sub-section (2) of this
Act.
Section 12—Conditions of
Departure.
Subject to this Act where an
immigration officer is satisfied
that a person leaving Ghana:
(a) is not a wanted person;
(b) is in possession of a valid
travel document;
(c) has a valid visa to enter the
country of destination; and
(d) is not in arrears of payment
of fees or penalty to the Director
the officer may permit that person
to leave Ghana on completing the
prescribed form and endorse his
passport or travel document.
PART II—RESIDENCE AND EMPLOYMENT
OF FOREIGN NATIONALS IN GHANA
Section 13—Residence Permits.
(1) A person who has been
lawfully admitted entry into
Ghana, may upon an application to
the Director in the prescribed
manner, be issued with a residence
permit.
(2) The Director may grant
residence permit for up to a
period not exceeding eight years,
except that, a residence permit
shall not be for more than four
years in the first instance.
Section 14—Indefinite Residence
Status.
(1) The Director may with the
approval of the Minister grant an
indefinite residence status to a
person who satisfies the Director
that he is qualified under section
15 or 16 of this Act for that
status.
(2) An application for an
indefinite residence status shall
be made to the Director in the
prescribed form and a copy shall
be submitted to the Minister by
the Director.
Section 15—Indefinite Residence
Status Generally.
(1) Subject to this Act, a person
qualifies for indefinite residence
status if that person:
(a) has resided in Ghana
throughout the period of twelve
months immediately preceding the
date of the application;
(b) has during the seven years
immediately preceding the period
of the twelve months, resided in
Ghana for a period amounting in
the aggregate to not less than
five years;
(c) is of good character as
attested to in writing by two
Ghanaians who are notaries public,
lawyers, senior public officers or
any other class of persons
approved of by the Minister;
(d) has not been sentenced to a
period of imprisonment of twelve
months or more;
(e) has made or is in the opinion
of the Minister capable of making
a substantial contribution to
development of Ghana;
(f) intends to reside permanently
in Ghana upon the grant of the
status; and
(g) possesses a valid residence
permit on the date of his
application.
(2) The Director may in special
circumstances and with the
approval of the Minister
(a) allow a continuous period of
twelve months ending not more than
six months before the date of
application to be reckoned for
purposes of subsection (1)(a) of
this section;
(b) allow periods of residence
earlier than seven years before
the date of application to be
reckoned in computing the
aggregate period mentioned in
subsection 1(b) of this section.
(3) Where a person is granted an
indefinite residence status and
absents himself from Ghana for
more than twelve consecutive
months he automatically loses that
status.
(4) A person who loses an
indefinite residence status under
subsection (3) may apply to the
Director for reinstatement, except
that the application shall be
treated as a fresh application
subject to such conditions as the
Director may determine.
Section 16—Indefinite Residence
Status for Foreign Spouses.
(1) A foreign national married to
a citizen of Ghana is entitled to
indefinite residence in Ghana if
that foreign national:
(a) has resided in Ghana
throughout the period of twelve
months immediately preceding the
date of the application;
(b) has immediately preceding the
period of the twelve months,
resided in Ghana for an aggregate
period of not less than two years;
(c) has not been convicted of any
offence and sentenced to a period
of imprisonment of twelve months
or more;
(d) intends to reside permanently
in Ghana upon the grant of the
status; and
(e) is in possession of a valid
residence permit on the date of
the application.
(2) The Director may in such
special circumstances as he thinks
fit and with the approval of the
Minister allow a continuous period
of six months and an aggregate
period of one year to be
substituted for the twelve months
and two years respectively
provided under paragraphs (a) and
(b) of subsection (1).
(3) Where a foreign spouse who is
granted an indefinite residence
status stays away from Ghana for
more than twelve consecutive
months that foreign spouse
automatically loses the status.
(4) A foreign spouse who loses an
indefinite residence status under
subsection (3) may apply to the
Director for reinstatement, except
that the application shall be
treated as a fresh application
subject to such conditions as the
Director may determine.
(5) The separation, divorce or
death of a spouse in a marriage to
which this section applies shall
not affect the indefinite
residence status held by the
foreign spouse immediately before
the occurrence of the event.
(6) Notwithstanding any provision
of this section, a foreign spouse
whose marriage is no longer in
existence may upon application to
the Director be granted indefinite
residence status subject to
evidence that the marriage was
contracted in good faith.
Section 17—Right of Abode.
(1) Subject to this section the
Minister may on an application and
with the approval of the President
grant the status of right of abode
to any of the following persons:
(a) a Ghanaian by birth, adoption,
registration or naturalisation
within the meaning of the
Citizenship Act who by reason of
his acquisition of a foreign
nationality has lost his Ghanaian
citizenship; and
(b) a person of African descent in
the Diaspora.
(2) A Ghanaian citizen to whom
paragraph (a) of subsection (1)
applies shall produce to the
Minister such documentary and
other evidence that the Minister
may require testifying to the loss
of his Ghanaian citizenship by
reason of having acquired another
citizenship.
(3) A person of African descent
in the Diaspora qualifies to be
considered for the status of a
right of abode if he satisfies the
Minister that he:
(a) is of good character as
attested to by two Ghanaians who
are notaries public, lawyers,
senior public officers or other
class of persons approved of by
the Minister;
(b) has not been convicted of any
criminal offence and been
sentenced to imprisonment for a
term of twelve months or more;
(c) is of independent means:
(d) is in the opinion of the
Minister capable of making a
substantial contribution to the
development of Ghana; and
(e) has attained the age of
eighteen years.
Section 18—Consequences of
Indefinite Residence Status and
Right of Abode Status.
(1) A person with indefinite
residence status or a person with
right of abode status is—
(a) entitled to remain
indefinitely in Ghana;
(b) entitled to enter Ghana
without a visa;
(c) entitled to work in Ghana
either as self employed or as an
employee without a work permit;
and
(d) subject to the laws of Ghana.
(2) A non-Ghanaian child or
other non-Ghanaian dependent of a
person with
(a) indefinite residence status;
or
(b) right of abode status is
eligible for a dependency permit.
(3) A dependency permit may on an
application be issued by the
Director and shall be subject to
such conditions as shall be
specified therein.
(4) For the purposes of subsection
(2) “a child” means a natural or
an adopted child under the age of
eighteen years.
Section 19—High Court may Revoke
the Right of Abode Status.
(1) The High Court may on an
application by the
Attorney-General deprive a person
with a right of abode status of
that status on the ground that—
(a) the activities of that person
are inimical to the security of
the State or prejudicial to public
order, public health, morality or
public interest;
(b) the right was acquired by
fraudulent misrepresentation or
any other illegal or irregular
means; or
(c) the holder of the status no
longer qualifies under this Act.
Section 20—Expiration and
Revocation of Permit or Other
Authorisation.
(1) A person shall not remain in
Ghana after the expiration of any
permit issued to him.
(2) Subject to section 19 the
Director may during the validity
of any permit or visa granted to a
person to enter or remain in Ghana
(a) revoke the permit on grounds
of fraudulent misrepresentation or
concealment or any other illegal
practice;
(b) revoke the permit on grounds
that the conditions governing the
permit have been broken; or
(c) impose fresh conditions in
relation to that permit;
and shall take reasonable steps to
communicate notice of the
revocation, or other fresh
conditions to the person
concerned.
(3) Where a permit is revoked and
notice has been given and the
holder of that permit is:
(a) present in Ghana, he shall not
remain in Ghana after the
revocation and shall be removed
from Ghana in accordance with the
provisions of this Act and be
prohibited from re-entering Ghana
temporarily, or in the case of a
prohibited immigrant, permanently;
or
(b) outside Ghana, he shall be
prohibited from re-entering Ghana
temporarily, or in the case of a
prohibited immigrant, permanently.
(4) A person, who enters or
re-enters or remains in Ghana in
contravention of any order made
under this section, commits an
offence and is liable on summary
conviction to a fine of not less
than one million cedis or to
imprisonment for a term of not
less than three months or more
than one year.
(5) Where a permit is revoked the
revocation applies to—
(a) a person whose name is
endorsed in the permit;
(b) any spouse of the holder of
the permit where the spouse was
issued with the permit in
consequence of the issue of a
permit to the other spouse; and
(c) any dependent of the holder of
the permit who is not a citizen of
Ghana.
(6) Notification of a revocation
to the holder of the permit
constitutes notification to the
persons mentioned in subsection
(5).
Section 21—Removal of Illegal
Immigrants.
(1) Where the presence of a person
in Ghana is unlawful, that person
may be repatriated from Ghana by
an order of the Director.
(2) Where a person is ordered to
be removed from Ghana under this
Act, that person may be arrested
and detained for such period as
may be necessary for making
arrangements for his removal.
(3) A person may for the purpose
of subsection (1) be detained in
any police station or immigration
detention area.
Section 22—Authority of
Immigration Officer to Arrest and
Prosecute.
An immigration officer enforcing
this Act has the authority and
powers of a police officer
relating to arrest, detention and
search.
Section 23—Renewal of Permits.
(1) A person who has been granted
a permit to remain in Ghana under
section 4 of this Act, may within
one month before the permit
expires apply to the Director in
the prescribed manner for a
renewal of the permit.
(2) An application for a renewal
of a permit shall be treated as an
application for a permit under
section 4(1) of this Act, except
that the Director may renew the
permit with effect from the date
of issue or from the date of
expiry of the previous permit.
Section 24—Employment of Foreign
Nationals.
Subject to this Act a person shall
not employ any foreign national in
Ghana except in accordance with a
permit granted by the Immigrant
Quota Committee established under
section 25 of this Act.
Section 25—Establishment of
Immigrant Quota Committee.
There is hereby established an
Immigrant Quota Committee referred
to in this Act as “the Committee”.
Section 26—Composition of the
Committee.
(1) The Committee consists of the
following members:
(a) the Deputy Minister who is the
chairman;
(b) the Director of Immigration or
his representative not below the
position of a Deputy Director; and
(c) a representative of the;
(i)
Ministry of the Interior;
(ii) Ministry of Employment and
Social Welfare;
(iii) Ministry of Trade and
Industry;
(iv) Registrar-General’s
Department;
(v) Ghana Investments Promotion
Centre;
(vi) Bank of Ghana;
(vii) Statistical Service; and
(viii) Ghana Employers
Association.
(2) The representative of the
Ministry of the Interior is the
secretary to the Committee.
Section 27—Functions of the
Committee.
(1) The Committee is responsible
for the consideration of all
applications for immigrant quota
and work permit and shall submit
its recommendations to the
Minister for the issue of an
immigrant quota and work permit.
(2) The Committee shall be guided
in considering an application for
immigrant quota and work permit by
the relevant investment laws of
the country.
(3) The Minister may issue a work
permit to any person who is not a
prohibited immigrant, a visitor,
tourist, transit passenger or
student, and who satisfies the
Committee that—
(a) he wishes to enter Ghana in
order to take up work or
employment;
(b) he is qualified to work or
undertake employment in the trade,
business or calling in respect of
which the application is made;
(c) his taking up of the work or
employment will be to the benefit
generally of Ghana; and
(d) he is lawfully resident in
Ghana and is qualified to work as
an employee or a self-employed.
Section 28—Work permit and
Immigrant Quota.
(1) A work permit granted for the
employment of a foreign national
shall specify the number and
description of persons authorized
to be employed.
(2) An approval to fill in an
immigrant quota may specify the
period for which a foreign
national may occupy a particular
post while a Ghanaian understudies
him to take over on expiry of the
period.
(3) A work permit issued to a
person shall specify the employer
by whom that person is to be
employed and the holder shall not
without the consent in writing of
the Committee engage in any form
of paid employment or in any
business or professional
occupation in Ghana, other than
the particular employment,
business or professional
occupation specified in the work
permit.
Section 29—Other Bodies Dealing
with Immigrant Quotas.
Without prejudice to the
generality of section 27 any
relevant body granting immigrant
quotas under any other enactment
shall continue to exercise that
authority subject to the
provisions of this Act.
Section 30—Change or Cessation of
Employment.
(1) When a foreign national
commences work for an employer in
Ghana—
(a) the employer shall not later
than seven days after the
commencement give notice of the
commencement date to the Committee
with a copy to the Director in
the prescribed form, and furnish
the Director with a letter of
guarantee in the prescribed form
in respect of the repatriation
expenses of the foreign national;
and
(b) the employee shall, not later
than seven days after the
commencement give notice of the
commencement date to the Committee
with a copy to the Director in the
prescribed form.
(2) When a foreign national
ceases to work for an employer in
Ghana—
(a) the employer shall not later
than seven days after the
cessation give notice of the
cessation to the Committee in the
prescribed form with a copy to the
Director and shall comply with the
directions of the Director as to
arrangements for the repatriation
of the foreign national and his
dependents; and
(b) the employee shall not later
than seven days after the
cessation give notice of the
cessation to the Committee with a
copy to the Director in the
prescribed form.
Section 31—Annual Returns.
(1) Not later than fourteen days
after the first day of January in
each year, a person to whom an
immigrant quota has been granted
under this Act or any other
enactment, shall send to the
Committee, with a copy to the
Director an annual return in the
prescribed form giving the names
and addresses of all foreign
nationals employed by him in Ghana
as at first January and any other
particulars which may be
prescribed.
(2) Any body corporate which fails
to comply with subsection (1) is
liable to pay to the Immigration
Service a penalty of five million
cedis and any individual who fails
to comply with subsection (1) is
liable to pay a penalty of one
million cedis.
(3) A body corporate or an
individual that fails to pay the
prescribed penalty within seven
days commits an offence and is
liable on summary conviction to a
fine of ten million cedis or a
term of imprisonment of not less
than six months or more than two
years or to both.
Section 32—Renewal of Quotas and
Work Permits.
(1) A person who has been granted
a permit to work in Ghana under
section 27 may one month before
the expiry of that permit apply to
the Committee in the prescribed
manner for the renewal of his
permit.
(2) An application for renewal
shall be treated as if it were a
fresh application.
Section 33—Employers Guarantee.
(1) Where an employer furnishes to
the Director a letter of guarantee
in the prescribed form in respect
of the repatriation of a foreign
national, the employer:
(a) is liable to pay under the
guarantee the repatriation
expenses if the foreign national
ceases for any reason to be
employed by the employer; and
(b) is liable to pay under the
guarantee the repatriation
expenses of the dependants of the
foreign national in the event of
the death of the foreign national.
(2) The employer may be released
from his guarantee if the Director
is satisfied that alternative
security for the repatriation of
the foreign national and his
dependants has been supplied or if
the Director is satisfied that the
foreign national and his
dependants have left Ghana.
Section 34—Registration of Foreign
Nationals in Ghana.
(1) Subject to this Act a foreign
national who remains in Ghana for
a period exceeding three months
shall register with the nearest
immigration office in a prescribed
manner.
(2) A foreign national who fails
to comply with subsection (1)
commits an offence and is liable
on summary conviction to a fine
not exceeding five million cedis
or imprisonment for a term not
exceeding twelve months or to
both.
PART III—DEPORTATION
Section 35—Person Liable to
Deportation.
(1) A foreign national is liable
to deportation if—
(a) a court recommendation for his
deportation is effective under
subsection (2) of this section;
(b) he has been found by a court
to be destitute or without means
of support or to be of unsound
mind or mentally handicapped;
(c) he is a prohibited immigrant;
(d) he is in Ghana without a valid
permit, or any of the conditions
on which his permit was granted
has been broken; or
(e) his presence in Ghana is in
the opinion of the Minister not
conducive to the public good.
(2) A recommendation for
deportation is effective if it is
made by a court upon conviction
for an offence punishable by a
term of imprisonment exceeding
three months with or without a
fine and
(a) on an appeal against the
conviction, the appellate court
has upheld the recommendation; or
(b) no appeal has been brought
within the time allowed for appeal
but the recommendation was made
by—
(i)
the High Court, or
(ii) an inferior court and has
been approved by the Chief
Justice.
(3) Where a court makes a finding
under paragraph (b) of subsection
(1), the court shall report the
finding in writing to the
Minister.
Section 36—Deportation Order.
(1) The Minister may by executive
instrument order the deportation
of any person liable to
deportation.
(2) The order may be made subject
to such conditions as the Minister
may impose.
(3) A deportation order may
include the dependants of the
person to be deported if the
Minister so directs.
Section 37—Effect of Deportation
Order.
(1) A person to be deported shall
leave Ghana in accordance with the
requirements of the deportation
order and shall so long as the
deportation order is in force
remain out of Ghana.
(2) A person who enters Ghana when
a deportation order made against
him is in force commits an offence
and is liable on summary
conviction to a term of
imprisonment not exceeding five
years and may be deported without
any further deportation order
being made.
(3) Where a person to be deported
is serving a sentence of
imprisonment, he shall unless the
Minister otherwise directs,
complete the sentence.
Section 38—Power to Arrest.
(1) A person, other than a person
under a supervision order issued
under section 40 of this Act, who
is to be deported or who is liable
to deportation may be arrested and
detained by the Director under the
authority of the Minister until
that person is dealt with under
subsection (3).
(2) A person to be deported may be
conducted in custody to or from
any consulate or other place in
Ghana if the attendance of that
person is required for the
purposes of ascertaining his
nationality or of making
arrangements for his admission to
another country.
(3) A person who is to be deported
from Ghana may be placed on board
a suitable vessel or aircraft by
an immigration officer and may be
lawfully detained on board the
vessel or aircraft, whilst the
vessel or aircraft is within the
territorial limits of Ghana.
Section 39—Power to Record
Identification.
An immigration officer may where a
person to be deported is in
custody, do all things reasonably
necessary for the identification
of that person by means of
photography, measurement and the
taking of fingerprints.
Section 40—Supervision Order.
(1) If, on the expiration of six
months from the making of a
deportation order, deportation has
not been effected, or if, at any
time before the expiration of that
period, the Minister is satisfied
that deportation is for any reason
impracticable, or undesirable he
may by executive instrument make a
further order, to be known as
supervision order, with respect to
the person to be deported,
requiring that person, while in
Ghana to observe any conditions
specified in the order as to:
(a) the area in which he is to
reside;
(b) the carrying on by him of
political activities;
(c) reporting to the immigration
officer and the police from time
to time;
(d) the means by which he may gain
a livelihood; and
(e) his association with a person
with criminal record.
(2) The period of six months in
subsection (1) shall in respect of
a person serving a term of
imprisonment be computed from the
end of the term.
(3) A person in respect of whom a
supervision order is in force who
fails to comply with the
requirement of that order, commits
an offence and is liable on
summary conviction to a fine of
not less than five hundred
thousand cedis or to imprisonment
for a term of not less than two
months, or both.
(4) The operation of a deportation
order made in respect of any
person shall be suspended while a
supervision order is in force in
relation to that person, but shall
revive if the Minister so directs
and in that event the supervision
order shall cease to have effect.
(5) Subject to subsection (4), a
supervision order made in respect
of any person shall expire after a
period of two years from the date
of the order and on the expiration
of the supervision order, the
deportation order made in respect
of that person, shall also expire.
Section 41—Expenses of
Deportation.
(1) The Director may apply any
money or property that belongs to
a person to be deported in payment
of the deportation expenses.
(2) The person in charge, the
owner and the agent of a vessel,
aircraft or vehicle from which any
person disembarks in Ghana shall
be jointly and severally liable to
pay the deportation expenses of
that person to the Director if
that person
(a) was a member of a crew of the
vessel of aircraft and was left in
Ghana in contravention of section
42 of this Act; or
(b) is a prohibited immigrant and
the Minister has made a
deportation order in respect of
him, or has been directed to leave
Ghana under section 8(4) of this
Act.
(3) A person other than a person
to whom subsection (2) applies,
who is concerned in or connected
with the bringing into Ghana of a
prohibited immigrant of the
description set out in section
8(1) of this Act shall be liable
to pay to the Director the
deportation expenses of that
person.
PART IV—EXEMPTION, DETENTION AND
PETITION
Section 42—Exemption of Crew
Entering Ghana.
(1) The members of the crew of a
vessel or aircraft arriving in
Ghana from abroad may be permitted
to enter Ghana on satisfactory
proof of their identity
not-withstanding that they may not
have passports, visas, or permits.
(2) No member of the crew of a
vessel or aircraft shall be
discharged or left behind in Ghana
without the consent of an
immigration officer.
(3) This section does not apply to
a member of the crew of a vessel
or aircraft who is a citizen of
Ghana.
Section 43—Liability of Master or
Other Person For Detention
Expenses.
(1) Where any person is in
immigration custody under this
Act, the master, owner, charterer
and agent of the vessel or
aircraft which brought that person
to Ghana shall be jointly and
severally liable for all expenses
incurred in the detention and
maintenance of that person, except
that no liability is incurred
where any person detained is
subsequently permitted to enter
Ghana.
(2) Any expenses to be paid under
subsection (1), shall be
recoverable as a debt due to the
Government of Ghana from the
master, owner, charterer and agent
of the vessel or aircraft jointly
and severally.
Section 44—Power to Search Vessel
or Aircraft.
An immigration officer may, for
the purpose of satisfying himself
whether there is a person he may
wish to examine, search any vessel
or aircraft and anything on board
it or any vehicle taken off a
vessel or aircraft.
Section 45—Offence in Ghanaian
Territorial Zone.
(1) Where a foreign national is
charged with an offence alleged to
have been committed aboard a
vessel or an aircraft in Ghanaian
territorial waters or airspace,
the court may—
(a) on convicting the person
charged, order that on the
expiration of the sentence, or on
the sooner readiness of the vessel
to proceed to sea or the aircraft
to take off, the person be held in
custody aboard the vessel or
aircraft for conveyance from
Ghana; or
(b) on discharging or acquitting
the person charged, order that the
person be immediately conveyed
back to the vessel or aircraft.
Section 46—Submission of
Petitions.
(1) Any person other than a
prohibited immigrant aggrieved by
a—
(a) refusal to grant or renew a
permit under this Act;
(b) revocation of a permit under
this Act; or
(c) repatriation ordered by an
immigration officer may submit a
petition to the Minister within
seven days of such action and the
Minister shall subject to
subsection (3) take such action as
he considers appropriate.
(2) Subsection (1) does not apply
to a deportation order issued
under an executive instrument
under the hand of the Minister.
(3) The Minister shall in
determining a petition under
subsection (1) be assisted by a
committee comprising the following
persons
(a) a representative of the
Attorney-General not below the
rank of a Senior State Attorney,
who shall be the chairman of the
committee;
(b) a representative of the
Minister for Foreign Affairs not
below the rank of a Director; and
(c) one other person appointed by
the Minister who shall not be an
officer or employee of the
Immigration Service.
Section 47—Petition not to Act as
Stay of Action.
(1) A petition to the Minister
under section 46 shall not act as
a stay of the action which has
been petitioned against.
(2) Notwithstanding subsection (1)
of this section Regulations may
provide for conditions in which a
person may be permitted to stay in
Ghana pending the hearing of a
petition made by that person.
PART V—MISCELLANEOUS PROVISIONS
AND OFFENCES
Section 48—Refugees.
The Director upon the
recommendation of the Refugee
Board shall issue any relevant
immigrant document in respect of a
refugee in Ghana.
Section 49—Prohibited Areas.
(1) The Minister may by
legislative instrument declare
some areas in Ghana as prohibited
to foreign nationals.
(2) A foreign national shall not
enter or remain in areas
prohibited to foreigners unless he
has a valid prohibited area permit
granted by the appropriate
authority.
(3) A permit granted under
subsection (2) shall be subject to
such conditions as may be
specified in the permit and
prescribed by Regulations made
under section 55 of this Act, and
shall be in a prescribed form.
(4) A person who contravenes
subsection (2) commits an offence
and is on summary conviction
liable to a term of imprisonment
of not less than three months or
to a fine of not less than five
hundred thousand cedis or to both.
Section 50—Returns to the
Minister.
The Director shall submit to the
Minister in a prescribed form the
statistics of immigrants at the
end of December of every year
including:
(a) nationality and personal data;
(b) economic and social activity
undertaken;
(c) reasons for entering;
(d) date of entry; and
(e) type of visa issued.
Section 51—Residual Powers.
Notwithstanding anything to the
contrary in this Act the Minister
may revoke or waive any visa,
permit, conditions of entry and
any requirement on grounds of—
(a) national interest;
(b) compassionate circumstances;
or
(c) any other reasonable ground.
Section 52—Offences.
(1) A person who—
(a) aids or assists any person to
enter Ghana in contravention of
this Act;
(b) knowingly harbours any person
whom he knows is to be deported or
has reasonable grounds to believe
has acted in contravention of this
Act;
(c) knowingly permits or assists
the escape from any vessel,
aircraft or vehicle in Ghana of
any person to be deported;
(d) disobeys or disregards any
obligation imposed or directive
given by or under this Act;
(e) knowingly makes or causes to
be made any false return, false
statement or false representation
in connection with any obligation
imposed or directive given by or
under this Act;
(f) restricts or obstructs, any
immigration officer in the
execution of his duty;
(g) wilfully and without lawful
excuse hinders or obstructs any
deportation being effected under
this Act;
(h) gives, sells, or lends any
registration certificate, card,
passport, or permit issued to him
under this Act or any other Act in
order that it is used by any other
person;
(i)
by false declaration obtains or
attempts to obtain for himself or
any other person any registration
certificate, card, passport,
permit or visa, or any other
certificate;
(j) without lawful authority uses
or has in his possession any
forged certificate or card,
passport, permit, visa or other
document or any passport,
registration certificate or card
or other document on which any
visa, photo or endorsement, has
been unlawfully made or altered,
commits an offence and is liable
on conviction to a fine not
exceeding ten million cedis or
imprisonment for a term not
exceeding two years or to both.
(2) When a master of a sea-going
vessel or captain of an aircraft
or driver of a vehicle is charged
with the offence, the clearance
outwards of the vessel or aircraft
or vehicle may be refused until
the case has been heard and upon
conviction the fine imposed has
been paid.
Section 53—Burden of Proof.
In any proceedings under this Act
or Regulations made under this
Act, or on examination by an
immigration officer, if the
question arises:
(a) whether any person is in
possession of a passport, visa or
permit; or
(b) whether any person is a
citizen of Ghana, the burden of
proof that that person is in
possession of a passport, visa or
permit or that he is a citizen of
Ghana, lies on that person.
Section 54—Carrier Liability.
Where a master of a vessel or a
person in charge of an aircraft,
or a vehicle aids, abets or
permits any person to disembark
from the vessel, aircraft or
vehicle or to leave the precincts
of the port in contravention of
any of the provisions of this Act
he is liable to pay to the
immigration service a penalty of
five million cedis and where he
fails to pay the penalty within
fourteen days of demand, he
commits an offence and is liable
on summary conviction to a fine
not exceeding ten million cedis or
to imprisonment for a term not
exceeding two years or to both.
Section 55—Regulations.
The Minister in consultation with
the Immigration Service Board may
by legislative instrument—
(a) provide for passengers in
transit to enter Ghana without
entry visa;
(b) amend the Schedule to this
Act;
(c) provide for free movement
across the borders of
border-residents;
(d) provide for the conditions for
issue of emergency visas;
(e) provide for conditions and
procedures for the issue and
renewal of permits under this Act;
(f) require a person in charge of
any vessel, aircraft or vehicle
leaving Ghana or entering Ghana to
furnish such information as may be
prescribed in respect of persons
on board who are not citizens of
Ghana;
(g) prescribe for fees to be paid
and the forms to be used in
respect of any permits and other
matters under this Act; and
(h) generally provide for the
effective implementation of the
provisions of this Act.
Section 56—Interpretation.
In this Act, unless the context
otherwise requires—
“authorised point" means an
approved place of entry into
Ghana;
“a person of African descent in
the Diaspora" means a person whose
immediate forebears have resided
outside the African Continent for
at least three generations but
whose origin, either by
documentary proof or by ethnic
characteristics is African;
"border-resident" means a national
of a neighbouring country who
ordinarily resides within five
kilometres radius of either side
of Ghana's territorial frontiers
with the Republics of Togo,
Burkina Faso and Cote d’Ivoire;
"court" includes a Tribunal;
"dependency permit" means a permit
issued by the Minister under
Regulations made under section 55
to a dependent;
"dependent" means a child and a
spouse;
"deportation expenses” means the
amount of all expenses which are
incurred in connection with the
maintenance and transport and
removal from Ghana of a person and
his dependants who are deported or
otherwise removed from Ghana under
the provisions of this Act;
"Director" means the Director of
Immigration;
"foreign national" means any
person who is not a citizen of
Ghana;
"foreign spouse" means a foreign
national married to a Ghanaian
citizen;
"immigration officer" means any
officer of the Immigration Service
assigned to act on behalf of the
Director of Immigration;
"Minister" means the Minister
responsible for the Interior;
"officer" means an immigration
officer;
“passport" means a valid travel
document issued to the person
producing it by or on behalf of
the country of which he is a
subject or a citizen for a period
which, according to the laws of
that country, has not expired and
which refers to the person, and is
furnished with a photograph of
him;
"permit" includes a visa, a
certificate or other
authorisation;
“person entering Ghana" includes a
person who has entered Ghana but
has not complied with sections 2
and 4 of this Act;
"person leaving Ghana" includes a
person who has left Ghana but has
not complied with sections 10 and
12 of this Act;
"person to be deported" means any
person in respect of whom a
deportation order is made who is
not a person in respect of whom a
supervision order has effect;
“port" means seaport or airport or
airfield;
"prescribed" means prescribed by
Regulations made under this Act.
“refugee" means a person who owing
to well founded fear of being
persecuted for reasons of race,
religion, nationality, membership
of a particular social group or
political opinion, is outside the
country of his nationality and is
unable or unwilling to avail
himself of the protection of that
country or who not having a
nationality and being outside the
country of his former habitual
residence is owing to such fear
unable or unwilling to return to
it, or who owing to external
aggression, occupation, foreign
domination or events seriously
disturbing public order in either
part or the whole of his country
of origin or nationality, is
compelled to seek refuge in
another place outside his country;
or any person stipulated by the
Government to belong to this
class;
“repatriation expenses” has the
same meaning as deportation
expenses;
“Service” means the Immigration
Service;
“vessel” means a sea-going vessel;
“visa” includes a re-entry visa.
Section 57—Repeals or Savings.
(1) The following enactment are
hereby repealed
Aliens Act 1963 (Act 160);
Aliens (Amendment) Act 1965 (Act
265);
Aliens (Amendment) Decree, 1974, (NRCD
259); and
Aliens Act 1963 (Commencement)
Instrument 1963 (L.I. 247).
(2) Any Regulation, permit, visa,
deportation order, supervision
orders or authorisation issued,
made or given under any of the
repealed enactments and in force
immediately before the coming into
force of this Act shall be deemed
to have been issued, made or given
under the corresponding provisions
of this Act and shall remain in
force until otherwise dealt with
under this Act.
SCHEDULE
Section 3
Approved places of entry into
Ghana
BRONG-AHAFO REGION
Atuna
Dormaa Ahenkro-Gonokrom
Nkrankwanta
Kofibadukrom
Kwameseikrom
Sampa
GREATER ACCRA REGION
Kotoka International Airport
Tema
NORTHERN REGION
Bole-Chache
Tatale
UPPER EAST REGION
Bawku-Missiga
Kulungugu
Mognori
Namoo
Paga
Pulimankon
UPPER WEST REGION
Hamile
Tumu
VOLTA REGION
Aflao
Akanu
Baglo
Batume
Have-Avi
Honuta
Kpoglo
Leklebi Dafor
Leklebi Kame
Menusu
Nyive
Shia
Tinjase
Wli Afegame
Yawgu
WESTERN REGION
Ellanda Wharf
Dadieso
Elubo
Half Assini, Newtown
Jaway Wharf
Oseikojokrom
Sewum
Takoradi Harbour
Yaakese
Date of Gazette Notification: 11th
February, 2000.
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