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The Law is above the King ! Site Maintained by Advocate Santosh Giri, LLM (US/Nepal) | Specialization : Human Rights Law of Nepal [CAT, ICERD, ICESCR, ICCPR, CEDAW, Regional and International Instruments] | Freelance Media Monitoring on Human Rights, Legal Development and Violation of Human Rights in Nepal.

Nepal Immigration Rules 1994

Immigration Rules, 2051 (1994)


1. Date of publication in the Nepal Gazette : 23 d Jestha 2051 (6 June 1994)
2. Date of the first amendment: 22nd Jestha 2058 (4 June 2001)

In exercise of the powers conferred by Section 18 of the Immigration Act, 2049 (1992) Government has framed the following rules:

Chapter I
PRELIMINARY

1 Short title and commencement:
(1) These Rules may be cited as the “Immigration Rules, 2051 (1994).
(2) Clause (a) (d) of serial no. 1 of Schedule 9 amended by sub-rule 14 of these regulations and sub-rule (5) of the same rule shall be deemed to have been commenced from the 27th Ashad, 2056 B.S. (11 July 1999) and other rules shall come into force forthwith.

2. Definitions:

Unless the subject or the context otherwise requires, in these Rules
(a) “Act” means the Immigration Act, 2049 (1992).
(b) “Tourist” means a foreigner who spends at least one night or twenty-four hours in the Kingdom of Nepal.
(c) “Family” means husband, wife, father, mother, and dependent child.
(d) “Trekking area” means the area so specified by Government that permission is required to trek there.
(e) “Mission” means any Nepalese Embassy, Nepalese Consulate General and Nepalese Consulate in any foreign country, and this term includes any
organization or authority temporarily or permanently representing Government in any foreign country.
(f) “Agency” means a person or an organization licensed by Government who provides service to the foreigners during the period from the arrival and presence of the foreigners to their departure, and an association making movement of the foreigners.
(h) “Visa year”, for the purpose of these Rules, means a period from 1 January to 31 December of a year.

PDF OF COMPLETE RULES: immigration-rules-nepal-with-2001-amendments

Filed under: Laws

Ninth Circuit on “other serious harm”

“The BIA erred in failing to determine whether, assuming the truth of Sowe’s testimony that he witnessed his parents’ murder, the severing of his brother’s hand, and his sister’s kidnaping, he provided compelling reasons for his being unwilling or unable to return to Sierra Leone. Because we lack the authority to act as fact- finders, or to determine credibility in the first instance, we must remand to the BIA the question whether Sowe is eligible for asylum pursuant to section 1208.13(b)(1)(iii)(A).” Sowe v. Mukasey, Aug. 19, 2008.

Source:www.bibdaily.com

Filed under: Asylum in the US

Iraqi boy wins asylum request

“He was granted asylum because U.S. Citizenship and Immigration Services acknowledged he suffered persecution in Iraq because of specific reasons including race, religion, nationality and political opinions, said Steve Miller, a Seattle-based attorney who worked pro bono on behalf of the boy. Miller presented witness accounts and other forms of evidence to show officials how the Shiite boy and his family were ambushed by Sunni insurgents in Iraq in May 2005.” Daily Herald, Aug. 20, 2008.

Source: www.bibdaily.com

Filed under: Human Rights

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LEGAL DISCLAIMER

The information contained in this Site is for general guidance based on information available in the internet on several matters discussed. THE AUTHOR OF THIS BLOG IS NOT LICENSED TO PRACTICE LAW IN THE UNITED STATES. The author is only licensed to practice law in Nepal. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the updating immigration policies, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, the information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional such as an Immigration law Attorney or related professionals for other subject matters. All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will the author and the organizations the author is involved in will be thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Certain links in this Site connect to other Web Sites maintained by third parties over whom the author has no control. Author and/or this blog and related author’s blogs or sites makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.

 

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