Mauritius Citizenship Act

Deprivation of Citizenship Rules 1968

[Third Schedule of Act 45 of 1968 – 4 December 1968]

1. These rules may be cited as the Deprivation of Citizenship Rules 1968.

2. (1) Where the Minister proposes to make an order under section 11 or 12 of the Mauritius Citizenship Act depriving a person of his citizenship of Mauritius and refers the person's case to a committee of enquiry (hereafter referred to as "the committee"), the committee shall, before holding the enquiry, cause notice to be given to the person to whom the enquiry relates, stating the time when and the place where it will be held and the nature thereof and informing him that he will be entitled to be present and to be represented by counsel or an attorney or, if the committee think fit, by some other person approved by it.

(2) A notice under paragraph (1) may be given –

(a) in a case in which the address of the person concerned is known, by causing the notice to be delivered to him personally or by sending it to him at that address by post;

(b) in a case where that person's address is not known, by sending it to his last known address and in such other manner if any, as the Chairperson of the committee shall consider fit.

(3) The notice shall be given such time, not being less than 14 days, before the holding of the enquiry as the Chairperson of the committee shall consider reasonable.

3. The notice may require the person concerned to answer it in writing and to furnish in writing to the committee any information which it considers material, to be verified in such manner as it may require.

4. (1) The committee shall have all such powers, rights and privileges, as are vested in the Supreme Court or in a Judge on the occasion of any action, in respect of the following matters –

(a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise, and the issue of a commission or request to examine witnesses abroad;

(b) the compelling of the production of documents; and

(c) the punishing of persons guilty of contempt.

(2) A summons signed by one or more members of the committee may be substituted for and shall be equivalent to any formal process capable of being issued in any action for enforcing the attendance of witnesses and compelling the production of documents.

5. The committee may act on any information which is available, whether or not such information is given on oath or affirmation or would be admissible as evidence in a Court.

6. The committee may invite any Government department which appears to it to be interested to appoint a person to represent the department at the enquiry.

7. (1) The committee may act notwithstanding any vacancy in its number, and the quorum of the committee shall be three.

(2) The committee may delegate one or more of its members to enquire into any particular matter relating to the enquiry, and the member or members so delegated shall, for this purpose, have all the powers of the committee other than the power of punishment.

8. The committee may allow or refuse to allow the public to be present during the enquiry.

9. Subject to these rules, the procedure at the enquiry shall be such as the committee may determine.

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Mauritius Citizenship Regulations 1968

[Second Schedule of Act 45 of 1968 – 14 December 1968] [Section 21]

PART I – PRELIMINARY

1. These regulations may be cited as the Mauritius Citizenship Regulations 1968.

2. In these regulations –

"Act" means the Mauritius Citizenship Act;

"appropriate fee" means, in respect of the matters specified in the first column of the First Schedule, the corresponding fee specified in the second column of that Schedule;

"certificate of registration" means the certificate issued under regulation 6;

"supervising officer" means the supervising officer of the Prime Minister's Office.

PART II – ACQUISITION OF CITIZENSHIP

3. (1) An application for registration as a citizen of Mauritius under section 5 of the Act shall be made to the supervising officer in the form set out in the Second Schedule.

(2) Where the Minister directs that an applicant for registration as a citizen of Mauritius may be so registered, the supervising officer shall require the applicant to subscribe a declaration in the form set out in the Third Schedule, renouncing any nationality or citizenship which he may possess and the supervising officer shall issue a certificate of registration to the applicant in accordance with regulation 6.

4. An application for the registration of a minor child under section 6 of the Act shall be made to the supervising officer in the form set out in the Fourth Schedule.

5. (1) An application by any person for registration under section 7 of the Act shall be made to the supervising officer in the form set out in the Fifth Schedule.

(2) –

(3) The oath or affirmation of allegiance required to be taken by an applicant who is an alien or a British protected person upon her registration as a citizen of Mauritius under section 7 of the Act shall be subscribed and attested in the form set out in the Sixth Schedule.

[Reg. 5 amended by reg. 3 of GN 186 of 1995 w.e.f. 28 November 1995.]

6. The supervising officer shall, on payment of the appropriate fee, issue to any person registered as a citizen of Mauritius under section 5 or 7 of the Act or to the responsible parent or guardian of a minor child registered as a citizen of Mauritius under section 6 of the Act, a certificate of registration in the form set out in the Seventh Schedule duly signed by him.

7. (1) An application for a certificate of naturalisation under section 9 of the Act shall be in the form set out in the Eighth Schedule.

(2) An applicant for a certificate of naturalisation shall give notice of his intention for public information in the form set out in the Ninth Schedule and such notice shall be published by and at the expense of the applicant in 2 daily newspapers:

Provided that the notice of intention may be published for public information in such other form as the Minister may in any particular case direct.

8. Where the Minister directs that a certificate of naturalisation may be granted to an applicant, the supervising officer shall require the applicant to subscribe a declaration in the form set out in the Third Schedule renouncing any nationality or citizenship which he may possess and the supervising officer shall, on payment of the appropriate fee, issue to the applicant a certificate of naturalisation in the form set out in the Tenth Schedule duly signed by the Minister.

9. (1) The oath or affirmation of allegiance required under section 9(3) of the Act to be taken by a person to whom a certificate of naturalisation has been granted shall be subscribed and attested in the form set out in the Sixth Schedule and as so subscribed and attested shall be endorsed on the certificate of naturalisation to which it relates.

(2) The oath or affirmation of allegiance required as aforesaid shall be taken within one month of the date of the certificate of naturalisation to which it relates, or within such extended time as the Minister may permit, and if the oath or affirmation is not taken within the said time the certificate shall have no effect:

Provided that permission shall not be deemed to have been given under this paragraph unless a statement to that effect is endorsed on the certificate and signed by the supervising officer.

PART III – LOSS OF CITIZENSHIP

10. (1) Where the Minister has given notice to a person against whom it is proposed to make an order depriving him of his citizenship of Mauritius under section 11(2) or 12(1) of the Act, the person to whom it is given may exercise his right to an enquiry under section 11(7) of the Act by making application therefor in the following manner –

(a) if he is in Mauritius at the time when the notice is given to him, within 21 days from the giving of the notice;

(b) in any other case, within such time, not being less than 21 days from the giving of the notice, as the Minister may determine:

Provided that the Minister may in special circumstances at any time extend the time within which the application may be made.

(2) Any notice given in accordance with section 11(6) of the Act shall, in a case in which the person to whom it is given has the right, on making application therefor, to an enquiry under section 11(7) of the Act, include a statement of the time within which such application is to be made.

11. Where an order has been made depriving a person of his citizenship of Mauritius, the person so deprived or any other person in possession of the relevant certificate of registration or naturalisation shall, if required by notice in writing signed by the supervising officer, deliver up the certificate to such person, and within such time, as may be specified in the notice, and the said certificate shall thereupon be cancelled.

12. (1) A declaration of renunciation of the citizenship of Mauritius under section 14 of the Act shall be subscribed in the form set out in the Eleventh Schedule.

(2) Such a declaration may be made –

(a) in Mauritius, before a Judge, the Master and Registrar of the Supreme Court or a District Magistrate;

(b) in any other place, before a representative of a consulate of Mauritius.

(3) A declaration of renunciation shall have effect from the date of its registration in the appropriate register required to be kept under section 18 of the Act and upon registration of the declaration of renunciation the person renouncing his citizenship of Mauritius or any other person in possession of the relevant certificate of registration or naturalisation, if any, shall, if required by notice in writing signed by the supervising officer, deliver up the said certificate to such person, and within such time, as may be specified in the notice, and any certificate so delivered shall thereupon be cancelled.

(4) (a) Any person who wishes to resume his citizenship under section 14 or section 15(2) of the Act shall make an application to the supervising officer.

(b) An application made under –

(i) section 14 shall be in the form set out in the Twelfth Schedule;

(ii) section 15(2) shall be in the form set out in the Thirteenth Schedule.

(5) Where the Minister grants an application made under section 14(2) of the Act, the Minister shall, on payment of the appropriate fee, issue a certificate in the form set out in the Fourteenth Schedule.

(6) Where the Minister grants an application made under section 15 of the Act, the Minister shall, on payment of the appropriate fee, issue a certificate in the form set out in the Fifteenth Schedule.

[Reg. 12 amended by reg. 3 of GN 13 of 1996 w.e.f. 26 February 1996; reg. 3 of GN 150 of 2001 w.e.f. 2 October 2001.]

13.

[Reg. 13 repealed by reg. 4 of GN 13 of 1996 w.e.f. 26 February 1996.]

13A. Where the Minister certifies, on application made under section 16 of the Act, that a person is a citizen of Mauritius, the supervising officer shall, on payment of the appropriate fee, issue to the person a certificate of citizenship in the form set out in the Sixteenth Schedule.

[Reg. 13A added by reg. 4 of GN 150 of 2001 w.e.f. 2 October 2001.]

PART IV – MISCELLANEOUS

14. The registers required to be kept and maintained under section 18 of the Act shall be so kept and maintained by the supervising officer who shall –

(a) where a person becomes a citizen of Mauritius by registration or is granted a certificate of naturalisation, make an entry to that effect in the appropriate register;

(b) where a person is deprived of his citizenship of Mauritius, delete the relevant entry from the appropriate register;

(c) where the person to be registered is a citizen of Mauritius and also a national or citizen of some other country, make an entry in the appropriate register;

(d) where a person renounces his citizenship of Mauritius, make an entry in the appropriate register and, if such person became a citizen of Mauritius by registration or naturalisation, delete his name from the appropriate register;

(e) where any person resumes his citizenship of Mauritius and is to be registered as a citizen of Mauritius, make an entry in the appropriate register.

[Reg. 14 amended by reg. 5 of GN 13 of 1996 w.e.f. 26 February 1996.]

15. The registration of a citizen of Mauritius who is also a national or a citizen of some other country under section 18 of the Act shall be by way of letter addressed to the supervising officer giving full particulars of the person to be registered:

Provided that the person to be registered or where he is a minor, his responsible parent or guardian shall, when required by notice in writing signed by the supervising officer, furnish such additional particulars, and within such time, as may be specified in the notice.

16. Where these regulations require that an application or declaration shall be made in a form set out in an appropriate Schedule to these regulations, that requirement shall be treated as satisfied if the application is made –

(a) in a form to the like effect; or

(b) in a form authorised by the Minister if in the opinion of the Minister the form set out in the appropriate Schedule to these regulations is unsuitable in the circumstances of a particular case.

17.

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FIRST SCHEDULE

[Regulation 2]

Appropriate Fee

(Rs)

Grant of certificate of registration

15,000

Grant of certificate of naturalisation

15,000

Grant of certificate of resumption of citizenship

4,000

Grant of certificate of citizenship in case of doubt

4,000

Application fee for any request for certificate

1,000

Witnessing signing of application or declaration

500

Administering oath or affirmation of allegiance

500

Supplying certified true copy of any notice, certificate, order, or declaration of entry given, granted or made by or under the Act

500

[First Sch. added by reg. 6 of GN 150 of 2001 w.e.f. 2 October 2001; revoked and replaced by reg. 3 of GN 255 of 2010 w.e.f. 1 January 2011.]

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SECOND SCHEDULE

[Regulation 3]

THE MAURITIUS CITIZENSHIP REGULATIONS 1968

APPLICATION FOR REGISTRATION AS A CITIZEN OF MAURITIUS UNDER SECTION 5 OF THE MAURITIUS CITIZENSHIP ACT

1. I, ....................., of .......................................................................... am of full age and

(address of applicant

)

capacity and was born at ................................................. on ............................................

2. My father's full name is /was .......................................................................................

and he was born at ................................................................ on .........................................

3. I am (single) (married) (a widower) (a widow) (divorced from my wife/husband)

4. My wife's/husband's full name is/was ........................................................................

and he/she was born at .......................................................... on ........................................

5. I am a citizen of the following country or countries mentioned in the First Schedule to the Mauritius Citizenship Act that is to say, ...................................................................

6. (a) I have been resident in Mauritius during the past 5 years, as follows –

...............................................................................................................................................

(give particulars of residence in Mauritius during the past 5 years, with addresses and dates

)

(b) *The special circumstances in which I desire that the period of residence shorter than 5 years which is mentioned in paragraph 6 above shall be accepted are as follows –

...............................................................................................................................................

7. I have/have not previously renounced or been deprived of citizenship of Mauritius.
........................................................................................................................................
(if the applicant has renounced citizenship of Mauritius, here state the date on which the declaration of renunciation was made; and if applicant has been deprived of citizenship, state the date on which, the order of deprivation was made)

8. Give details of all proceedings of any kind taken against the applicant in civil or criminal courts of law.

Nature of proceedings Date Place Result





     

9. I am of good character and have a sufficient knowledge of the ............................language and of the responsibilities of a citizen of Mauritius.

10. If this application is granted, I intend to live in Mauritius.

11. I hereby apply to be registered as a citizen of Mauritius.

I, ............................, do solemnly and sincerely declare that the particulars stated in this application are true and I make this solemn declaration conscientiously believing the same to be true.

..................................

Signature

Made and subscribed this ..... day of ............... 20...

Before me

.................................................................
Signature

Judge of the Supreme Court

Master and Registrar, Supreme Court

District Magistrate of ............................

*Delete if not applicable.

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THIRD SCHEDULE

[Regulations 3(2) and 8]

THE MAURITIUS CITIZENSHIP REGULATIONS 1968

DECLARATION OF RENUNCIATION OF NATIONALITY OR CITIZENSHIP
OF A COUNTRY OTHER THAN MAURITIUS UPON THE ACQUISITION
OF THE CITIZENSHIP OF MAURITIUS

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