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法規名稱(Title) Criteria Governing Cases of Subparagraph 13 and 15, Paragraph 1, Article 18 of the Immigration Act Ch
公發布日(Date) 2010.02.25
法規沿革(Legislative) This review was enacted by Decree Tai-Nei-Yi-Tzu No. 0971010421 of the Ministry of the Interior on February 5th, 2009, and became effective on the same date

The revision of this review was enacted by Decree Tai-Nei-Yi-Tzu No. 0980958756 of the Ministry of the Interior on June 3rd, 2009, and became effective on June 15th, 2009

The revision of the item 2 of this review was enacted by Decree Tai-Nei-Yi-Tzu No. 0990930855 of the Ministry of the Interior on February 25th, 2010, and became effective on March 1st,2010
法規內文(Content) I. This Review was enacted by the Ministry of the Interior to review the circumstances mentioned in subparagraphs 13 and 15 of paragraph 1, Article 18 of the Immigration Act.

 

II. Any foreign national shall be banned from entry under any of the following conditions for the respective period as prescribed:

a  For being a member of a terrorist group or engaging in terrorist activity, a foreign national shall be banned from entry permanently;

b  For being a suspect in a major crime, and wanted or reported by the International Criminal Police Organization or other foreign governments, a suspect shall be banned from entry for ten years;

c  For having been suspected of involvement in human trafficking, the foreign national shall be banned from entry for ten years;

d  For having been placed under observation for drug use in violation of the Anti-Narcotics Act, the foreign national shall be banned from entry for five years. If the prosecutor considers the subject to be free of further inclination for drug use and makes a decision not to prosecute, the foreign national shall be banned from entry for three years;

e  For having violated the criminal code, with a deferred sentence to prison, the foreign national shall be banned from entry for seven years;

f  For having been subjected to detention or fined for violating the Criminal Code, the foreign national shall be banned from entry for five years;

g  For having been subjected to detention for a violation of the Criminal Code or for having been fined and given a deferred sentence to prison even if exempted from any penalty, the foreign national shall be banned from entry for three years;

h  For having been suspected of involvement in a crime and given a suspended indictment, the foreign national shall be banned  from entry for three years;

i  For having been suspected of involvement in a crime and been given a decision not to prosecute, the foreign national shall be banned from entry for three years. Anyone fitting the conditions stated in Article 252 of the Code of Criminal Procedure shall be exempted from any entry ban.

j  For having been suspected of involvement in a bogus marriage and given detention or fined, the foreign national shall be banned from entry for seven years;

k  For involvement in a bogus marriage and given a decision not to prosecute or a suspended indictment, the foreign national shall be banned from entry for five years;

l  For having been suspected of involvement in a crime or an offense against the Social Order Maintenance Act and deported, the foreign national shall be banned from entry for three years; however, if the suspect has been found not guilty or given a no penalty verdict, no entry ban shall be imposed;

m  Any other person who might endanger the national interest, public safety or social order shall be banned from entry for three to five years. If the threat is serious, the ban is ten years.

 

III. The period of an entry ban stated in Item 2 shall be calculated from the day following the exit of the foreign national. However, for circumstances stated in subparagraphs a to c and h having occurred abroad, the calculation shall begin after the National Immigration Agency is notified by the relevant authorities.

 

IV. The Entry/Exit & Immigration Application Review Committee may at their discretion, in consideration of the circumstances of the offense, the number of prior offenses, and the degree of damage, make adjustment to increase or decrease the period of an entry ban stipulated in Item 2, by one to two years.