IMMIGRATION

CHAPTER 15:03
IMMIGRATION

ARRANGEMENT OF SECTIONS

    SECTION

PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Appointment of immigration officers

PART I
IMMIGRATION GENERALLY

    3A.    Disciplinary regulations

    4.    Prohibited immigrants

    5.    Production of identity documents

    6.    Exemptions by Minister

    7.    Prohibition of entry of prohibited immigrant

    8.    Appeals

    9.    Jurisdiction of courts

    10.    Removal of prohibited immigrants

    11.    Place of entry by prohibited immigrant

    12.    Persons who are not prohibited immigrants

    13.    Persons required to appear before immigration officer

    14.    Detention of suspected prohibited immigrant

    15.    Detention of prohibited immigrant pending deportation

    16.    Prohibited immigrant subject to the Act despite entry into Malawi

    17.    Temporary permits

    18.    Powers of search, etc.

    19.    Evidence

    20.    Certificates of identity

PART II
RESIDENCE AND OTHER PERMITS

    21.    Restrictions on immigration

    22.    Permanent residence permits

    23.    Exemptions from section 23 (1)

    24.    Temporary residence permits

    24A.    Business residence permit

    25.    Temporary employment permits

    26.    Visitor’s permit

    27.    Permit holders not exempted from provisions of other Parts

    28.    Cancellation of permits

    29.    Production of documents

    30.    Presumptions

    31.    Permits to attend educational institutions

    32.    Power to delegate

PART III
GENERAL

    33.    Re-entry of prohibited immigrant

    34.    Misuse of documents

    35.    Forgery of documents

    36.    Aiding and abetting unlawful entry

    37.    Other offences

    38.    Saving

    39.    Deportation

    40.    Regulations

    41.    Delegation of powers

    42.    Repatriation of alien women

    43.    Person absent from Malawi for two years to report return

41 of 1963
20 of 1964(N)
60 of 1966
37 of 1967
9 of 1970
24 of 1972
13 of 1974
23 of 1986
21 of 1987
27 of 1990
30 of 1991
12 of 1992
19 of 1992
19 of 1995
G.N. 219/1964(N)
155/1964(M)
147/1987

    An Act to regulate the entry of persons into Malawi, to prohibit the entry into Malawi of undesirable persons, to make provision for the deportation from Malawi of undesirable persons and to provide for matters incidental to the foregoing

PRELIMINARY

1.    Short title

    This Act may be cited as the Immigration Act.

2.    Interpretation

    In this Act, unless inconsistent with the context—

    “Chief Immigration Officer” means any person appointed as a Chief Immigration Officer in terms of section 3;

    “dependent relative”, in relation to any person, means his child, step-child, adopted child, grandchild, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew, niece, greatnephew, or greatniece, or any such relative of his spouse, who by reason of infirmity of mind or body, is wholly dependent upon such person, and is living with such person;

    “Deputy Chief Immigration Officer” means any person appointed as a Deputy Chief Immigration Officer in terms of section 4;

    “immigration officer” means any person appointed as an immigration officer in terms of section 3 and includes a Chief Immigration Officer and Deputy Chief Immigration Officer;

    “magistrate” means a Resident Magistrate or a magistrate of the first or second grade;

    “magistrate’s Court” means a court of a Resident Magistrate or a court of a magistrate of the first or second grade;

    “police officer” means a member of the Malawi Police Force established under the Police Act;

    “police force” means the Malawi Police Force established under the Police Act;

    “prison” means a prison established under the Prisons Act.

24 of 1972

30 of 1991

12 of 1992

19 of 1992

19 of 1995

3.    Appointment of immigration officers

    (1) The Minister may appoint any person in the public service of Malawi to be a Chief Immigration Officer, Deputy Chief Immigration Officer or an immigration officer, by whatever suitable title designated, for the purposes of this Act.

    (2) The Minister may confer all or any of the powers and impose all or any of the duties of an immigration officer upon any person in the public service of Malawi or upon any police officer.

    (3) Any immigration officer shall, in the discharge of his functions, the exercise of his powers or the performance of his duties under this Act, be subject to the general or special directions of the Minister.

PART I
IMMIGRATION GENERALLY

27 of 1990

3A.    Disciplinary regulations

    The Minister may make regulations for the disciplinary control of immigration officers and such regulations may be made to apply generally, or may make separate provisions for different ranks of immigration officers.

4.    Prohibited immigrants

    (1) Subject to this Act, the following persons shall be prohibited immigrants and their entry into or presence within Malawi shall be unlawful—

    (a)    any person deemed by the Minister on economic grounds, or on account of standard or habits of life, to…