Immigration
(Relevant Biometric Information) (Jersey) Regulations 2019
THE STATES, in pursuance of section 126
of the Nationality, Immigration and Asylum Act 2002 as extended to Jersey,
with modifications, by the Immigration (Biometric Information) (Jersey)
Order 2018, have made the following Regulations –
Commencement [see endnotes]
1 Interpretation
(1) In these
Regulations –
“2002 Act” means the provisions of the Nationality,
Immigration and Asylum Act 2002, of the United Kingdom, that are modified
and extended to Jersey by the Immigration (Biometric Information) (Jersey)
Order 2018;
“applicant” means a person making an application, or, if
a person makes an application on behalf of another person, that other person;
“application” means an application falling within
Regulation 2;
“electronic record” has the meaning given by the Electronic Communications (Jersey) Law 2000;
“relevant biometric information” means biometric
information that –
(a) consists
of, or is contained in, a photograph provided under these Regulations, or a
copy of such a photograph; or
(b) is
derived from such a photograph, whether in an electronic record or otherwise.
(2) Expressions defined in
section 126(9) of the 2002 Act, including “authorised
person” and “biometric information”, have the same meaning in
these Regulations.
(3) For the purpose of
these Regulations it is irrelevant whether a photograph is digital, on film or
in any other format.
2 Application
of Regulations
These Regulations apply in relation to any provision, made by the
directions, as amended from time to time, given under section 1(4A) of the
Immigration Act 1971 of the United Kingdom as extended to Jersey, to
enable a person, who for the purposes of those directions is to be regarded as
an EU citizen, a family member of an EU citizen or a family member of a
qualifying British citizen, to make an application for leave to remain in
Jersey, or for variation of such leave.
3 Power
to require photograph of face
(1) An authorised person
may require an applicant to provide a photograph of the applicant’s face.
(2) If the applicant does
not comply with a requirement imposed under paragraph (1), the application
may be treated as invalid.
(3) Paragraph (1) is
subject to Regulation 4.
(4) Paragraph (1) does
not apply to an applicant who falls within section 126(3) of the 2002
Act.
4 Young
applicants
(1) Regulation 3(1)
does not apply to a young applicant unless –
(a) the
authorised person’s decision to impose the requirement has been confirmed
by a person designated for the purpose by the Minister; and
(b) the
authorised person is satisfied that the photograph will be taken in the
presence of a person aged 18 or over who is –
(i) the
applicant’s parent or guardian, or
(ii) a
person who for the time being takes responsibility for the applicant as a child
and is neither an official nor a person acting on behalf of an official.
(2) For the purpose of
paragraph (1) –
(a) the
applicant is a young applicant if –
(i) the applicant is
aged under 16, and
(ii) the
authorised person does not reasonably believe that the applicant is
aged 16 or over; and
(b) a
person is an official if the person is an authorised person or any other
States’ employee, within the meaning of the Employment of States of Jersey Employees (Jersey)
Law 2005, in an administration of the States for which the Minister has
responsibility.
5 Requirements
as to means of obtaining photograph
An authorised person, in imposing a requirement under
Regulation 3, may do any one or more of the following –
(a) require the photograph,
if to be provided by the applicant, to be of a particular specification;
(b) require the applicant
to make an appointment before a specified date, and to attend the appointment,
to enable the photograph to be taken by an authorised person or by a person
acting on behalf of an authorised person;
(c) specify the date, time
and place for the appointment;
(d) require the applicant
to attend premises before a specified date to enable the photograph to be taken
by an authorised person or by a person acting on behalf of an authorised
person;
(e) specify –
(i) any
documents that the applicant must bring to the appointment or premises, or
(ii) any
action that the applicant must take to confirm the applicant’s identity.
6 Use
and retention of relevant biometric information
(1) The Minister may record
relevant biometric information on any document issued as a result of the
application to which it relates.
(2) The Minister must not
retain relevant biometric information unless the Minister considers that it is
necessary to do so for use in connection with –
(a) the
exercise of a function under the Immigration Acts; or
(b) the
exercise of a function in relation to nationality.
(3) Relevant biometric
information that may be retained under paragraph (2) may also be
used –
(a) in
connection with the prevention, investigation or prosecution of an offence;
(b) for a
purpose that appears to the Minister to be required in order to protect
national security;
(c) in
connection with identifying persons who have died, or are suffering from
illness or injury; and
(d) for
the purpose of ascertaining whether a person has acted unlawfully, or has
obtained or sought anything to which the person is not legally entitled.
(4) For the purpose of paragraph (2)(a),
“Immigration Acts” means the 2002 Act and the following
Acts of the United Kingdom, as they have effect in Jersey for the time
being –
(a) the Immigration
Act 1971;
(b) the Immigration
Act 1988;
(c) the Immigration
and Asylum Act 1999;
(d) the Immigration,
Asylum and Nationality Act 2006;
(e) the
UK Borders Act 2007; and
(f) the
Immigration Act 2014.
7 Destruction
of relevant biometric information
(1) The Minister must take
all reasonable steps to ensure that relevant biometric information to which
this Regulation applies is destroyed.
(2) This Regulation applies
to relevant biometric information if –
(a) the
Minister –
(i) no longer
considers that it is necessary to retain the relevant biometric information for
use as described in Regulation 6(2), or
(ii) subject
to the exception in paragraph (3), is satisfied that the person to whom
the relevant biometric information relates is a British citizen, or is a
Commonwealth citizen who has a right of abode in Jersey as a result of
section 2(1)(b) of the Immigration Act 1971 of the United Kingdom, as
that Act has effect in Jersey for the time being; and
(b) the
Minister is not retaining the relevant biometric information under any power
under any other enactment, or under an enactment of the United Kingdom having
effect in Jersey.
(3) The exception is that
this Regulation does not apply to a photograph of a person who is registered or
naturalised as a British citizen until the person is issued with a passport
that describes the person as a British citizen and is a United Kingdom
passport, within the meaning given by the Immigration Act 1971 of the
United Kingdom, as that Act has effect in Jersey for the time being.
(4) For the purpose of this
Regulation, destroying relevant biometric information includes, in the case of
information in an electronic record, erasing that information or blocking all
access to it.
(5) If a person, to whose
relevant biometric information this Regulation applies, requests, in writing,
the Minister to confirm that the Minister has complied with paragraph (1),
the Minister must, within 3 months after receiving the request, give the
person a certificate to that effect.
8 Citation
These Regulations may be cited as the Immigration (Relevant
Biometric Information) (Jersey) Regulations 2019.