105. With the amendments to The Immigration (Amendment) Bill in April 2019, the provisions
regarding prohibited immigrants have been revisited and is as follows:
a) a non-citizen, who is the spouse of a citizen, shall not have the status of a resident where he
was a prohibited immigrant at the time of becoming such a spouse;
b) persons who suffer from any physical or mental infirmity or persons who are dumb, blind or
otherwise physically defective or physically handicapped and who are likely to be a burden
on the State shall no longer be treated as a distinct category of prohibited immigrants;
c) persons who, from information or advice which in the opinion of the Minister is reliable
information or advice, are likely to be undesirable inhabitants of, or visitors to, Mauritius,
shall be deemed to be prohibited immigrants;
d) persons or class of persons whose presence in Mauritius, from information or advice which
in the opinion of the Minister is reliable information or advice, is likely to be prejudicial to
the interests of defence, public safety, public order, public morality or public health, shall be
deemed to be prohibited immigrants.
106. Those persons who are lawfully within the territory have the freedom of movement and to
choose their residence. There is no requirement for the registration of persons as a resident in a
particular area. No control or restriction of access is imposed on travelling persons to certain areas
or limiting the movements of persons within the community, except in respect of areas declared as
security zones. However, the Constitution was amended in November 2016 to provide for the
imposition of restrictions on:
(a) the movement within Mauritius;
(b) the right of any person to leave Mauritius,
pursuant to an order of a Court or a Judge of the Supreme Court under the Prevention of Terrorism
Act, being a law relating to offences or acts of terrorism.
107. Other restriction on the right to leave Mauritius may be imposed in the following instancesa) by a Court of Law where the person is subject of a Court case;
b) the Mauritius Revenue Authority may also raise an objection to departure against a person
who is indebted to the Authority;
c) a Police Officer, not below the rank of Assistant Superintendent of Police, may require
the Passport and Immigration Officer to prohibit the departure of a detainee. Such
prohibition against departure will lapse after 72 hours (section 13 of Bail Act); and
d) under section 53(1)(a) of the Prevention of Corruption Act 2002, the Independent
Commission against Corruption may cause the police to arrest any person who may assist
in its investigation and who is about to leave Mauritius.
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