Annotated Republic of China Laws/Immigration Act/Article 36

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Immigration Act Republic of China (Taiwan) Law Article 36

Article 37→

Promulgated amendment on 2015-02-04, effective 2015-02-05

Article 36

The National Immigration Agency shall forcibly deport an alien if he/she commits any of the following offenses:

1. Violation of the provisions stated in Paragraph 1 of Article 4 by entering the State without inspection

2. Violation of the provisions stated in Paragraph 1 of Article 19 by temporarily entering the State without permission

The National Immigration Agency may deport or order an alien to exit the State within ten (10) days after receiving the deportation order, based on any of the following circumstances; The National Immigration Agency may deport an alien who has failed to exit the State within a given period of time after the first warning.

1. Having entered the State and been found in violation of any of the provisions indicated in Paragraphs 1, 2 of Article 18 which bans entry into the State

2. Having failed to comply with requirements such as documents, certificates, and periods/place of visits, stipulated under Paragraph 2 of Article 19

3. Having violated the provisions stated in Paragraph 2 of Article 20 by leaving the designated overnight lodging facility without permission

4. Having violated the provisions stated in Article 29 by engaging in employment or activities that are inconsistent with the purpose of visit or residence indicated in the application

5. Having failed to comply with regulations concerning restrictions on his/her residence and activities as set by the National Immigration Agency in accordance with Article 30

6. Having violated the provisions stated in Paragraph 1 of Article 31 by failing to apply for extension of stay or residence prior to the expiration date of the visitor or residence permit; however, exceptions can be made depending on the condition stated in Paragraph 3 of Article 31

7. Previously covered under the provision indicated in Paragraph 4 of Article 31; however, the reason for residence is no longer valid, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate (ARC)

8. Having violated the provisions stated in Paragraphs 1 to 3 of Article 32, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate (ARC)

9. Having violated the provisions stated in Subparagraphs 1 to 3 of Article 33, resulting in the cancellation of the alien’s permanent residence permit and revocation of the Alien Permanent Resident Certificate (APRC)

Upon learning that a criminal act has been committed by an alien (based on the two preceding paragraphs subject to judicial process), the National Immigration Agency shall notify the relevant authorities ten (10) days prior to the execution of forcible deportation. Unless the alien is detained, arrested, taken into custody or banned from exiting the State under the law, the National Immigration Agency may deport or order an alien to exit the State.

The National Immigration Agency shall provide the alien an opportunity to submit claims before deportation is enforced in accordance with the provisions; and shall convene a review committee meeting before deporting the alien, who has already acquired a residence permit or permanent residence permit. However, the alien shall be deported without undergoing a review process if he/she falls under any of the following circumstances:

1. Having presented a written statement waiving his/her rights to file a claim or having chosen to exit the State voluntarily

2. Having been sentenced to deportation as a result of a final court decision

3. Having been ordered to exit the State pursuant to other laws and enactments

4. Having been found guilty of endangering national interest, public safety, and public order or engaging in terrorist activities, an enforcement action shall be immediately undertaken given the urgent and sensitive nature of the matter

Relevant authorities shall enact regulations on the deportation enforcement process mentioned in Paragraphs 1 and 2 along with the respective deportation methods, procedures, and management, as well as other guidelines.

The review committee meeting referred in Paragraph 4 shall be selected and appointed by competent authorities from representatives of relevant agencies, public figures for social justice, scholars and experts. The number of single gender committee members should be no less than one third or more, while scholars and experts should make up one half or more of the total number of committee members.