The power to refuse leave to either enter or remain in the Falkland Islands is conferred on the Principal Immigration Officer, and exercised by Customs & Immigration. Under the current Immigration Ordinance there are no general grounds to refuse entry to anyone seeking permission to enter the Falklands; instead the main mechanism for doing this is to classify an individual as a ‘prohibited person’. However, the new Immigration (Amendment) Bill 2021 provides a clear framework when deciding whether to refuse leave to enter or remain, providing stronger border controls and flexibility as needed.
Watch List
A key part of the new framework is establishment of a Watch List of individuals whose presence in the Falklands is undesirable because of the way they have behaved. These individuals will not be allowed to enter the Falklands or, if they are here, will be liable for deportation. The Bill sets out clear criteria as to the circumstances in which a person can be included on the Watch List and accompanying guidance has been prepared to help ensure that decision-making is consistent. The Principal Immigration Officer must refuse leave to enter or remain to anyone who is included in the Watch list.
The following categories of people will be included on the Watch List:
- anyone subject to a deportation order
- anyone who has committed the most serious crimes such as genocide, war crimes or crimes against humanity
- anyone who has committed a criminal offence that would be punishable by a sentence of imprisonment of four years or more
- those who are on the UK Sanctions List published by the UK Government
- those who have publicly expressed or endorsed an opinion or otherwise behaved in a manner that is likely to lead to a serious breach of public order.
Mandatory and Discretionary Refusals
The new powers are split into mandatory requirements – where permission to enter cannot be given – and discretionary powers. Under the mandatory requirements, the following categories of people will also be refused entry to the Falklands: anyone convicted of a criminal offence and having received a sentence of 4 years or more, or who has been convicted of a criminal offence that is not ‘spent’; anyone who fails to provide information or documents to C&I or who gives false or misleading information; and any person who needs a visa and doesn’t have one.
The Principal Immigration Officer also has the power to refuse entry to: anyone who cannot demonstrate that they have the means to support themselves; anyone who refuses to submit to a medical exam; a person suffering from a contagious or infectious disease (these powers are very relevant given the current pandemic); any person who is unlawfully present in the Falklands (this includes anyone in the Islands who does not have a valid permit or hold status); anyone reasonably suspected of committing a criminal offence which would, on conviction, lead to imprisonment; and anyone who owes a debt of £500 or more to the government under a court judgement. The Principal Immigration Officer will also have a discretion to refuse entry to anyone if they consider it would be against the public interest.