IMMIGRATION ACT - 2000 (ACT 573)

    Section - 8 - Prohibited Immigrant.

    (1) A Person other than a citizen of Ghana is a prohibited immigrant for the purposes of this Act if that person:

    (a) has a deportation order in force against him made under this Act or any other enactment;

    (b) is unable to show that he has the means of supporting himself and his dependants if any, or is destitute and likely to be a burden on the public;

    (c) refuses to submit to a medical examination after being required to do so by a health officer;

    (d) has been sentenced in a foreign country for any extraditable crime within the Extradition Act of Ghana;

    (e) has been certified by a health officer to be medically unfit to enter Ghana;

    (f) has been declared by the Minister by executive instrument to be a person whose entry into Ghana is not conducive to the public good;

    (g) procures or attempts to bring into Ghana any person for the purpose of prostitution or other immoral purpose;

    (h) is a person whose activities are contrary to the laws of Ghana; or

    (i) is the dependent of to person to whom any of the provisions of this subsection applies.

    (2) A person who enters Ghana while he is a prohibited immigrant commits an offence and is liable on summary conviction to a fine not exceeding ten million cedis or to imprisonment for a term of not less than six months and not exceeding two years or to both.

    (3) Where a person is charged with an offence under subsection (2), the burden of proof that he is not a prohibited immigrant lies upon that person.

    (4) An immigration officer may-

    (a) prevent a prohibited immigrant from entering Ghana, or if he has already entered Ghana, direct him to depart from Ghana by the first available means, and may use all necessary force to ensure compliance with his directive;

    (b) direct a prohibited immigrant not to disembark from any ship, vehicle or aircraft on which he may be, or not to depart from any place where he may be, except to go to some other place approved by the immigration officer; or

    (c) arrest a prohibited immigrant without warrant and effect his repatriation or arraign him before a court for an offence under sub-section (2).

    (5) Where an immigration officer directs a prohibited immigrant to depart from Ghana by the first available means under paragraph (a) of sub-section (4), he may at the same time direct the person in charge or the owner or agent of any vessel, vehicle or aircraft from which the prohibited immigrant disembarked to remove him from Ghana by the first available means.

    (6) A person who fails to comply with a directive given under subsection (5) to remove a prohibited immigrant commits an offence and is liable on summary conviction to a fine not exceeding five million cedis or to imprisonment for a term not exceeding twelve months or to both.

    (7) Where a directive has been given under paragraph (a) or (b) of subsection (4), the person to whom the directive has been given shall be deemed to be in lawful custody.