Section 8
Prohibited immigrants
(1)
Any person who in the opinion of the Controller —
(a)
is not a citizen of Brunei Darussalam; and
(b)
is a member of any of the prohibited classes as defined in subsection (2),
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is a prohibited immigrant and, subject to any exemption granted under the provisions of section 54, it shall be unlawful for him to enter
Brunei Darussalam from any place outside Brunei Darussalam by land, sea or air unless he is in possession of a valid pass in that behalf issuable to a prohibited immigrant under the provisions of any regulations made under this Act.
(2)
The following persons are members of the prohibited classes —
(a)
any person who is unable to show that he has the means of supporting himself or his dependents, if any, or that he has definite employment awaiting him or who is likely to become a pauper or a charge on the public;
(b)
any person suffering from mental disorder or being a mental defective;
(c)
any person —
(i)
who refuses to submit to a medical examination after being required to do so under the provisions of section 29; or
(ii)
certified by a Government medical officer or a medical practitioner, after examination under the provisions of section 29, to be suffering from a contagious or infectious disease which makes his presence in
Brunei Darussalam dangerous to the community;
(d)
any person who —
(i)
has been convicted in any country or state of an offence for which a sentence of imprisonment has been passed for any term;
(ii)
has not received a free pardon; and
(iii)
by reason of the circumstances connected with such conviction is deemed by the Controller to be an undesirable immigrant;
(e)
any prostitute, or any person, who is living on or receiving, or who, prior to entering Brunei Darussalam, lived on or received, the proceeds of prostitution;
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(f)
any person who procures or attempts to bring into
Brunei Darussalam prostitutes or women or girls for the purpose of prostitution or other immoral purposes;
(g)
vagrants or habitual beggars;
(h)
any person whose entry into or presence in
Brunei Darussalam is, or at the time of his entry was, unlawful under this or any other written law for the time being in force;
(i)
any person who believes in or advocates the overthrow by force or violence of the Government of Brunei Darussalam or of the government of any territory within the Commonwealth or of constituted law or authority or who disbelieves in or is opposed to organised government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;
(j)
any person who is a member of or affiliated with any organisation entertaining or teaching disbelief in or opposition to organised government or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or officers generally, of the government of Brunei Darussalam or of the government of any territory within the Commonwealth or of any other organised government, because of his or their official character, or advocating or teaching the unlawful destruction of property;
(k)
any person who, in consequence of information received from any source deemed by the Controller to be reliable, or from any government, through official or diplomatic channels, is deemed by the Controller to be an undesirable immigrant;
(l)
any person who has been removed from any country or state by the government of such country or state on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is deemed by the Controller to be an undesirable immigrant;
(m)
any person who, being required by any written law for the time being in force to be in possession of valid travel documents, is not in possession of such documents or is in possession of forged or
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altered travel documents which do not fully comply with any such written law;
(n)
any person other than a citizen of Brunei Darussalam who is unable to show that he is willing and can, of right, return to some country outside Brunei Darussalam;
(o)
the family and dependants of a prohibited immigrant; and
(p)
any person prohibited by order made under section 9(1)
from entering Brunei Darussalam.
(3)
The burden of proof that any person seeking to enter
Brunei Darussalam is not a prohibited immigrant shall lie upon that person.
(4)
In any case where the Controller refuses to allow any person to enter Brunei Darussalam on the ground that such person is a prohibited immigrant, the Controller shall if so requested by the person, inform him of the class of prohibited immigrant of which, in the opinion of the Controller, he is a member.
(5)
Subject to any exemption granted under section 54, if any prohibited immigrant enters Brunei Darussalam otherwise than in accordance with a valid pass lawfully issued to him, he is guilty of an offence.
(6)
Any person in possession of an Entry Permit or Re-entry Permit, issued to him under the provisions of this Act and who, upon his arrival in
Brunei Darussalam, is refused permission to enter upon the ground that he is a prohibited immigrant, may appeal against such refusal within such time and in such manner as may be prescribed, to the Minister whose decision is final:
Provided that, notwithstanding the provisions of sections 24, 25 and 26, any person who appeals against such refusal shall be permitted to disembark and shall be detained in an immigration depot pending the determination of his appeal, unless released on a pass issued at the discretion of the Controller of such conditions as to furnishing security or otherwise as the Controller may deem fit.
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