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CONSOLIDATED TO 30 JUNE 2012
LAWS OF SEYCHELLES
[30th September, 1991]
ARRANGEMENT OF SECTIONS
PART I ? PRELIMINARY
1. Short title
PART II – PASSPORT
3. Issue or Renewal of passport
4. Cancellation of passport
5. Period of passport
6. Direction of Minister
7. No right to be heard
9. Passport is the property of Government
10. Notification of loss of passport
11. Seizure of passport
12. Travel Document
PART III – ADMINISTRATION
13. Passport Officer
PART IV – MISCELLANEOUS
PART I ? PRELIMINARY
1. This Act may be cited as the Passport Act.
2. In this Act ?
"certificate of identity" means a certificate of identity issued under this Act or, in the case of a renewal, endorsement or cancellation, issued under the repealed Passport Act, 1976;
"passport" means a passport issued under this Act or, in the case of a renewal, endorsement or cancellation, issued under the repealed Passport Act, 1976;
"passport officer" means a passport officer appointed under section 13;
"travel document" means a travel document issued under this Act or, in the case of a renewal, endorsement or cancellation, issued under the repealed Passport, Act 1976;
PART II ? PASSPORT
3. (1) Subject to subsection (2), a passport officer may, on an application in the prescribed form, issue a passport to, or renew a passport of, a citizen of Seychelles.
(2) Subject to section 6(2) or section 7, a passport officer shall not issue or renew a passport under subsection (1) ?
(a) when so directed in writing by the Minister under section 6;
(b) where he reasonably believes that any information or statement contained in the application is false or misleading;
(c) where the applicant has been convicted of a criminal offence and the sentence of the court has not been satisfied or set aside;
(d) where criminal proceedings in respect of an offence alleged to have been committed by the applicant have been or are about to be instituted;
(e) where a warrant or summons for the appearance, or a warrant of arrest, of the applicant has been issued by a court;
(f) where the applicant has been repatriated and has not re?imbursed the expenditure incurred in connection with his repatriation;
(g) where the applicant owes money or a debt or is under any other obligation to the Government;
(h) where civil proceedings for ?
(i) the recovery of any sum of money, whether liquidated or not, alleged to be due to the Government, or
(ii) the enforcement of any alleged obligation to Government, have been or are about to be instituted;
(i) where the court has so ordered or has made an order preventing the applicant from leaving Seychelles;
(j) where the applicant is of unsound mind;
(k) where the applicant is afflicted with an infectious or contagious disease or has not complied with the requirements of international health regulations as may be prescribed in the interest of world health;
(l) where the departure of the applicant from Seychelles is or was in breach of any international obligation of the Government;
(m) where, in the case of an application for the issue of a passport, the passport officer believes that the applicant is already in possession of, or has in his control, a passport that was issued to the applicant and the passport is still in force, unless the passport officer considers that there are special reasons for issuing the passport.
4. (1) Subject to this Act, a passport officer may cancel a passport at any time ?
(a) where he becomes aware of any of the circumstances in section 3(2)(b) to (m) which, had the circumstances existed immediately before the issue or renewal of the passport, would have prevented the passport officer from issuing or renewing the passport under section 3;
(b) where he receives a direction of the Minister under section 6 requiring him to cancel the passport.
(2) A passport on being cancelled under subsection (1) becomes void.
(3) A person who has in his possession or under his control a passport which has been cancelled under subsection (1) shall, on demand by a passport officer, forthwith deliver the passport to the passport officer.
5. (1) Subject to subsection (2), a passport shall be issued for the prescribed period.
(2) Subject to this Act, a passport officer may, when directed by the Minister, issue or renew a passport for a shorter period than that prescribed.
6. (1) The Minister may at any time, where he is of the opinion that it is in the national interest to do so, give a direction in writing to a passport officer to ?
(a) refuse an application for the issue or renewal of a passport;
(b) cancel a passport;
(c) endorse a passport;
(d) issue a passport for a shorter period than that prescribed,
and the passport officer shall comply with the direction.
(2) The Minister may, at any time, notwithstanding the application of any ground in section 3(2) (b) to (m), give a direction to a passport officer to issue or renew a passport and the passport officer shall comply with the direction.
(3) No court shall have jurisdiction to hear or determine any matter whatsoever in relation to the legality or validity of the opinion or direction of the Minister under subsection (1) or (2).
7. A person who has applied for a passport or the renewal of a passport or whose passport has been cancelled or endorsed or to whom a passport has been issued for a shorter period than that prescribed shall not be entitled to be heard before
(a) the passport officer makes his decision in respect of the application to issue or renew the passport or before cancelling or endorsing the passport or issuing the passport for a shorter period than that prescribed; or
(b) a decision is made on an appeal under section 8.
8. (1) Where a passport officer ?
(a) refuses to issue or renew a passport;
(b) cancels a passport;
(c) endorses a passport; or
(d) issues a passport for a shorter period than that prescribed,
the passport officer shall notify the person concerned in writing giving the reason for his decision.
(2) A person aggrieved by a decision of a passport officer under section 3(2) and section 4 on any ground, other than the ground set out in section 3(2)(a), may within 21 days of the date of the notice under subsection (1) appeal to the Minister and the Minister may confirm or reverse the decision of the passport officer and, where he reverses the decision, the Minister shall give such direction as he deems fit to the passport officer and the officer shall comply with the direction.
(3) The Minister shall notify the person who appealed of his decision in writing.
(4) A person aggrieved by a decision of a passport officer under section 3(2) and section (4) on the ground set out in section 3(2)(a) may, within 21 days of the date of the notice under subsection (1), appeal to the President and the President may confirm or reverse the decision and, where he reverses the decision, the President shall give such direction as he deem fit to the passport officer who shall comply with the direction.
(5) The decision of the President shall be communicated in writing to the person who appealed.
(6) The decision of the President or the Minister on an appeal is final.
9. A passport is and remains at all time the property of Government.
10. Where a passport is lost or stolen, the person to whom the passport was issued shall, as soon as practicable after he becomes aware of the loss or theft ?
(a) if the passport was lost or stolen in Seychelles, notify a police officer and a passport officer;
(b) if the passport was lost or stolen outside Seychelles, notify a Seychelles diplomatic or consular mission in the country where the loss or theft occurred or, where there is no such mission, the person responsible for the supervision or management of the department, division or section of the Government responsible for matters relating to passports in Seychelles.
11. (1) A passport officer may at any time seize and detain a passport where he reasonably believes that ?
(a) the passport or its renewal has been obtained by a false or misleading statement or representation;
(b) any entry in the passport is false or has been inserted as a result of a false or misleading statement or representation;
(c) the passport contains a fraudulent entry;
(d) the photograph in the passport does not correspond to the likeness of its holder;
(e) the passport is in the wrongful possession of any person;
(f) the passport had been stolen.
(2) Where a passport officer believes ?
(a) that a person is in unlawful possession of a passport; or
(b) that a person has in his possession a passport, or a passport containing any endorsement, which has been obtained by a false or misleading statement or representation,
he may by notice in writing require the person to deliver the passport to him within the time specified in the notice and the person shall comply with the notice within the time specified therein.
12. (1) Subject to this Act, a passport officer may, where it is not reasonably practicable to issue a passport, issue in such form as may be prescribed, a certificate of identity or other travel document.
(2) Sections 3(2) , 4, 5, 6, 7, 8, 9, 10 and 11 apply to a certificate of identity or travel document issued under subsection (1) as they apply to a passport.
PART III ? ADMINISTRATION
13. (1) The Minister may appoint any person within or outside Seychelles to be a passport officer.
(2) A passport officer shall perform his functions under this Act in accordance with this Act and the directions of the Minister.
(3) Subject to this Act, the Minister may appoint a person who shall have the day?to?day supervision and management of the department, division or section of the Government responsible for matters relating to passports, certificates of identity and travel documents under this Act and the Minister may delegate to that person his functions under subsection (1).
(4) A person appointed under subsection (3) shall ?
(a) by virtue of his appointment, be a passport officer;
(b) be subject to this Act, any other written law and the direction of the Minister when performing his functions under this Act.
PART IV ? MISCELLANEOUS
14. (1) A person who ?
(a) forges any passport, certificate of identity or travel document;
(b) makes any fraudulent entry or fraudulently erases, fixes or removes anything in, upon or from any passport, certificate of identity or travel document;
(c) has in his possession a passport or certificate of identity or travel document which has been forged or containing a fraudulent entry or in upon or from which anything has been fraudulently erased, fixed or removed;
(d) uses a passport, certificate of identity or travel document which has been issued to another person;
(e) for the purpose of obtaining a passport, certificate of identity or travel document, or obtaining the renewal or endorsement of any passport, makes any false or misleading statement or representation;
(f) refuses to deliver a passport, certificate of identity or travel document ?
(i) which has been cancelled when or within time demanded by a passport officer under section 4;
(ii) when or within the time required by a passport officer under section 11(2);
(g) uses a passport, certificate of identity or travel document, which has been cancelled under section 4;
(h) being a person to whom a passport, certificate of identity or travel document has been issued, without reasonable excuse permits another person to use the passport, certificate of identity or travel document;
(i) fails to comply with section 10,
commits an offence.
(2) A person who commits an offence referred to subsection (1)(a) to (d) is liable to imprisonment for 7 years;
(3) A person who commits an offence referred to in subsection (1)(d) to (h) is liable to imprisonment for 2 years;
(4) A person who commits an offence referred to in subsection (1)(i) is liable to imprisonment for 1 year.
15. The Minister may make regulations for carrying into effect the purposes and provisions of this Act and, without prejudice to the generality of the foregoing, may make regulations ?
(a) prescribing the form for application or renewal of passport, certificate of identity or travel document;
(b) prescribing the documents which must be submitted when an application for the issue or renewal of a passport, certificate of identity or travel document is made;
(c) prescribing the period for which a passport, certificate of identity or travel document may be issued;
(d) prescribing the fees to be paid in connection with the issue, renewal or endorsement of a passport, certificate of identity or travel document;
(e) creating an offence and imposing by way of penalty a fine not exceeding R.20,000 and a term of imprisonment not exceeding 2 years.
16. Notwithstanding the repeal of the Passport Act, 1976 by this Act any passport, certificate of identity or travel document issued under the repealed Passport Act 1976 shall, unless renewed or cancelled under this Act, continue to be valid for the period for which it was issued or renewed under that Act.
LAWS OF SEYCHELLES
The Passport Regulations
1. These Regulations may be cited as the Passport Regulations.
2. In these Regulations-
“diplomatic passport” means a passport issued to such person or class of persons as the Council of Ministers may decide and such a passport shall be valid for such period as the Minister may determine;
“official passport” means a passport issued under regulation 19;
“photograph of passport size” means a photograph taken full face without hat, unmounted, the size of which is 45 millimeter by 35 millimeter;
“responsible parent”, means the father or mother of a child.
3. (1) Subject to subregulation (2), a passport issued to a citizen of Seychelles shall be in the from specified in the First Schedule to these Regulations.
(2) Nothing in subregulation (1) shall be construed as invalidating-
(a) any passport issued prior to the making of these Regulations, or
(b) any passport issued by a Seychelles Passport Office outside Seychelles in the form that was applicable prior to the making of these Regulations.
4. (1) Every applicant for a passport shall fill in the application form provided for the purpose by the Passport Officer.
(2) The application form shall be countersigned by a person who has known the applicant personally for at least 2 years and who is either a Member of the National Assembly, a Judge, a Magistrate, a Legal Practitioner, a Notary Public, a Medical practitioner, a Public Officer, being a Head of a Division, a Police Officer, not below the rank of an Assistant Superintendant, an Officer of the Defence Force not below the rank of Captain, a Head Teacher of a School established or registered under the Education Act, a District Administrator, A Minister of Religion or a Justice of the Peace.
(3) The application shall be accompanied by the relevant civil status certificates.
(4) Every applicant shall submit with his application two photographs of passport size of himself, one of which shall be endorsed by the person who countersigned the application form with the words “I certify that this is a true likeness of Mr./Mrs./Miss…………”.
(5) It shall be lawful for the Passport Officer to require the applicant to furnish such evidence as may be required to establish his identity and citizenship.
(6) Any person already in possession of a passport and applying for a new one shall deliver up his old passport before being issued with a new one.
(7) No passport shall be issued to a person who has not attained the age of eighteen years unless his responsible parent or guardian consents in writing to the issue of such passport.
5. (1) Where an applicant for a passport wishes to have included therein any of his children who has not attained the age of 16 years, he shall fill in the appropriate part of the application form.
(2) A passport which includes the particulars of a child of the holder shall not be valid for use if such child travels alone.
6. On receipt of an application for a passport under regulation 4 of these Regulations and on payment of the appropriate fee the Passport Officer shall, subject to the provisions of the Act and of these Regulations, issue to the applicant a passport which shall-
(a) be serially numbered;
(b) be duly filled in with the particulars specified in the application form;
(c) have affixed thereto a photograph of passport size of the applicant;
(d) bear the place and date of its issue; and
(e) the date of its expiry.
7. (1) Any applicant for the renewal of a passport shall fill in the application form provided for the purpose by the Passport Officer.
(2) The passport required to be renewed shall accompany the application form.
(3) On receipt of an application under this regulation and on payment of the appropriate fee, the Passport Officer shall, subject to the provisions of the Act and of these regulations, renew the passport for a period not exceeding five years from the date of its expiry.
8. (1) Every holder of a passport who wishes his passport to be endorsed to enable him to travel to a specific country shall fill in the application form provided for the purpose by the Passport Officer.
(2) On receipt of an application under this regulation and on payment of the appropriate fee, the Passport Officer shall, subject to the provisions of the Act and of these regulations, endorse the passport accordingly.
9. (1) Where the holder of a passport wishes to have included therein any of his children who has not attained the age of 16 years, he shall fill in the application form provided for the purpose by the Passport Officer, which shall be counter-signed in the same manner as provided in regulation 4(2).
(2) The application form shall be accompanied by the passport and the relevant civil status certificates.
(3) On receipt of an application under this regulation and on payment of the appropriate fee, the Passport Officer shall subject, to the provisions of the Act and of these Regulations, insert in the passport the particulars specified in the application form.
10. Where the Passport Officer is satisfied that an applicant for a passport or for the renewal of a passport or for the issue or renewal of a certificate of identity or a travel document-
(a) has not secured employment outside Seychelles;
(b) has not obtained a permit to enable him to emigrate to another country;
(c) has no means to support himself while outside Seychelles; and
(d) is likely to become destitute outside Seychelles and to be eventually repatriated at the expense of the Government of Seychelles,
the Passport Officer may require him to furnish security, together with one or more sureties, in such amount, or to make a deposit of such amount, as may be required to indemnify the Government of Seychelles for any sum it may be called upon to pay for his repatriation.
11. (1) A passport issued on or after the day of the coming into force of these regulations shall be valid for a period of five years from the date of its issue.
(2) Any passport may be renewed from the date of its expiry for a period not exceeding five years.
Provided that in no case shall the validity of such passport be extended beyond ten years from the original date of issue.
(3) On the expiration of the period of validity of a passport or if at any time the space provided in a passport for visas is covered and the holder wishes to travel to countries for which fresh visas are required, a new passport shall be taken out.
(4) Notwithstanding anything contained in the preceding paragraphs of this regulation, where the Minister so directs, the Passport Officer shall issue or renew a passport for such shorter period than five years as the Minister may determine.
12. Every passport shall be issued by or on behalf of the Government of Seychelles on the following conditions, that is to say-
(a) it will remain the property of the Government of Seychelles;
(b) it may be withheld or withdrawn at any time by the Passport Officer.
13. Where the applicant for, or the holder of, a passport-
(a) has been convicted of a criminal offence and the sentence of the Court has not been satisfied or set aside;
(b) is a person against whom criminal proceedings are being or have been instituted; or
(c) owes a debt to the Government,
it shall be lawful for the Passport Officer to refuse to issue to him a passport or, where he is already the holder of a passport, to withhold or withdraw the passport.
14. No certificate of identity or travel document approved under the provisions of section 12 of the Act shall be issued except-
(a) on payment of the appropriate fee; and
(b) in the case of a certificate of identity, on production of an affidavit in the form set out in the Second Schedule to these regulations.
15. (1) No passport or travel document held by a person leaving or entering Seychelles shall be held to be valid unless-
(a) it relates to the person in whose possession it is;
(b) it establishes to the satisfaction of the Passport Officer the citizenship or nationality and identity of the person to whom it relates;
(c) it has affixed thereto a photograph of the person to whom it relates; and
(d) it is still in force.
(2) A child who has not attained the age of sixteen shall not be required to possess a passport or travel document when leaving or entering Seychelles if-
(a) his name is included in the passport or travel document of any person accompanying him; and
(b) the passport or travel document of such person complies with the requirements of the preceding paragraph.
16. The fees specified in the second column of the Third Schedule to these regulations shall be levied in respect of the matters specified in the first column of such Schedule.
17. The Minister may exempt any person from any of the requirements of these regulations or any fees required to be paid thereunder.
18. The provisions of these regulations shall, as far as need be, apply to diplomatic passports as they apply to passports, subject to the following amendments-
(a) as regards form-
(i) the front cover should specify that it is a diplomatic passport;
(ii) the first page should be endorsed with the words “DIPLOMATIC PASSPORT” and the words “PASSPORT DIPLOMATIQUE”;
(b) as regards the holders, diplomatic passport shall be issued to such person or class of persons as the Council of Ministers may decide;
(c) as regards validity, the diplomatic passport shall only be valid for such period of time as the Minister may determine;
(d) as regards fees, no fees leviable under these regulations shall be payable on the issue of a diplomatic passport;
(e) as regards numerotation, diplomatic passports shall bear the prefix letter A before the serial number.
19. (1) Subject to this regulation, the Passport Officer may issue a passport to be known as official passport to such person or classes of persons as the Council of Ministers may determine.
(2) An official passport shall be subject to the following conditions-
(a) the front cover shall specify that it is an official passport;
(b) the first page of the passport shall be endorsed with the words “OFFICIAL PASSPRT PASSEPORT OFFICIEL”;
(c) the serial number of the passport shall bear the prefix letter “A”;
(d) the passport shall be valid for such period as the Minister may determine and may be renewed thereafter for such period as the Minister may determine;
(e) it shall remain the property of the Government;
(f) it may be withheld or withdrawn at any time by the Passport Officer;
(g) no fees under these Regulation shall be leviable in its respect;
(h) it shall otherwise be subject to this Act.
FORM OF PASSPORT
REPUBLIC OF SEYCHELLES
REPUBLIQUE DES SEYCHELLES
(Inside Front Cover)
These are to request and require in the name of the President of the Republic of Seychelles all those whom it may concern to allow the bearer to pass freely without let or hindrance, and to afford such assistance and protection as may be necessary.
Il est demande aux qui de droit, au nom du President de la Republique des Seychelles de laisser passer le titulaire librement et sans empechement et de lui fournir toute assistance et protection necessaires.
This Passport contains 32 pages
Ce Passeport contient 32 pages
NATIONAL STATUS NATIONALITE
CITIZEN OF SEYCHELLES
CITOYEN DES SEYCHELLES
REPUBLIC OF SEYCHELLES
PASSPORT Type/Type Country Code/Code du Pays Passport No./No. du Passeport
Date of birth/Date de naissance Personal No./No. Personnel
Sex/Sexe Place of birth/Lieu de naissance
Date of issue/Date de délivrance Authority/Autorité
Date of expiry/Date d’expiration
Passeport No. A 000000
Bearer’s signature - Signature du titulaire
DESCRIPTION - SIGNALEMENT
Colour of eyes/Couleur des yeux
Distinguishing marks/signes particuliers
RENEWALS - RENOUVELLEMENTS
The validity of this passport is extended to:
La validité du présent passeport est prorogée jusqu’au
________________________ 20 __________________
Signature and Seal
Signature et Cachet ____________________________________
The validity of this passport is extended to:
La validité du présent passport est prorogée jusqu’au
________________________ 20 __________________
Signature and Seal
Signature et Cachet ____________________________________
CHILDRENS - ENFANTS
Name Date of birth Sex
Nom Date de naissance Sexe
AMENDMENTS AND ENDORSEMENTS
MODIFICATIONS ET MENTIONS SPECIALES
IT IS THE RESPONSIBILITY OF THE PASSPORT BEARER TO OBTAIN THE NECESSARY VISAS
IL INCOMBE AU TITULAIRE DE SE FAIRE DELIVRER LES VISAS REQUIS
Page 9 -31
ENDORSEMENTS - MENTIONS SPECIALES
UNLESS OTHERWISE ENDORSED THIS PASSPORT IS VALID FOR ALL COUNTRIES
(Subject to the visa, permit or other entry requirements of each country).
SAUF MENTION SPECIALE CE PASSPORT EST VALABE POUR TOUS PAYS
(sous reserve des formalités de visas, permis, ou autres exigences .d’entrée de chaque pays)
SEE INFORMATION ON INSIDE BACK COVER
VOIR L’AVIS EN DERNIERE PAGE
(Inside back cover)
This passport is the property of the Government of Seychelles. It must be surrendered upon demand made by an authorised representative of the Department of Internal Affairs.
The passport must be safeguarded with the utmost care when you are travelling abroad. The loss of this passport must be reported immediately to the nearest police authority and, in case of loss overseas, it must be reported to the nearest Seychelles mission. In countries where Seychelles is not represented, loss should be notified to a British Consulate.
Alteration of entries or additions to this passport may be made only by passport officers in Seychelles or at Seychelles overseas missions. Unauthorized alteration will render the passport subject to cancellation.
This passport may not be used for unaccompanied travel by children.
Children who have reached sixteen years require separate passports.
VALIDITY. This passport is valid for five years unless expressly limited to a shorter period. The expiration date is given on Page 2. It may be renewed thereafter from time to time. When the validity of this passport expires or it has no further pages for visas and you require a new one, it must accompany your application for a new passport.
FORM OF AFFIDAVIT Regulation 14
(here state occupation or profession) .............................................
residing at .............................. make oath/solemn affirmation as
................................................. and say :-
1. I was born at .................. on the .............. day of ..............
2. I am unable to obtain a national passport or any form of travel document from the Government of SEYCHELLES.
3. I attach hereto my photograph and personal description as evidence of my identity.
4. I am urgently desirous of travelling to ................ for the following
5. I wish to leave Seychelles on the ........................................
6. I intend to return to Seychelles after a stay abroad of not more than ........................... months duration.
Height ................ft ................... Ins.
Colour of hair ................................
Special pecularities ........................
of Supreme Court or Magistrates’ Court, Seychelles
Signature of Applicant
Subscribed and sworn/solemly affirmed before me this .......... day of .................. 19 .........
Registrar, Supreme Court/
TABLE OF FEES
Matter in which fee may be taken Amount of fee
1. Issue of passport 750.00
2. Renewal of passport 150.00
3. Inclusion of each child in passport 50.00
4. Endorsement of a passport 50.00
5. Issue of a certificate of identity or
other travel documents in lieu
of a passport 1,500.00
6. Surcharge for issue of replacement
of lost, stolen or otherwise missing
passport 1500.00 (Not applicable
if passport expired five years
ago or more.