Immigration Act · 2023 Revised Edition · Part · Admission Into Brunei Darussalam
6. Control of entry into Brunei Darussalam
Official textFrom Attorney General's Chambers, unchanged
No person other than a citizen of Brunei Darussalam shall enter
Brunei Darussalam from any place outside Brunei Darussalam unless —
he is in possession of a valid Entry Permit or Re-entry
Permit lawfully issued to him under the provisions of section 10(2)
or 11(2);
his name is endorsed upon a valid Entry Permit or Re-entry
Permit in accordance with the provisions of section 12 and that he is in the company of the holder of such permit;
he is in possession of a valid pass lawfully issued to him to enter Brunei Darussalam;
he is in possession of a valid Residence Permit lawfully issued to him; or
he is exempted from the provisions of this section by an order made under section 54.
Any person who has entered or remained in Brunei Darussalam in accordance with a pass lawfully issued under this Act shall complete an embarkation form and submit it together with his passport or other travel
pass
“pass” means any pass issued under the provisions of any regulations made under this Act entitling the holder thereof to enter and remain temporarily in Brunei Darussalam;
* Transferred from His Majesty the Sultan and Yang Di-Pertuan in Council to the Minister, with the approval of
His Majesty the Sultan and Yang Di-Pertuan, with effect from 1st November 1989 — [S 54/1989]
Immigration 12
document for examination by an Immigration Officer at the time he leaves
Immigration Officer
“Immigration Officer” means the Controller and any person appointed under section 3 and includes a Senior Immigration Officer;
Brunei Darussalam.
Any person who contravenes the provisions of subsection (1)
or (2) is guilty of an offence and —
in the case of an offence under subsection (1), is liable on conviction to imprisonment for a term of not less than 3 months and not more than 2 years and whipping with not less than 3 strokes cumulatively:
Provided that no sentence of whipping shall be imposed on any person charged in court before 12th June 2004;
in the case of an offence under subsection (2), is liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
The burden of proof that a person entered Brunei Darussalam without contravening subsection (1) shall lie upon that person, and in any prosecution for an offence against subsection (1), it shall not be necessary to specify in the charge the date, time, place or manner of the entry of such person into Brunei Darussalam, or the means of travel used for such entry.
entry
“entry” means — (a) in the case of a person arriving by sea, disembarking in Brunei Darussalam from the vessel in which he arrives; (b) in the case of a person arriving at an authorised airport by air, leaving the precincts of such airport; (c) in the case of a person who enters by land and proceeds to an immigration control post in accordance with section 26(1), leaving the precincts of such post for any purpose other than that of departing from Brunei Darussalam by an approved route for some place outside Brunei Darussalam; and (d) in any other case, any entry into Brunei Darussalam by land, sea or air: Provided that it shall not include in any case an entry made for the purpose of complying with this Act or an entry expressly or impliedly sanctioned by an Immigration Officer for the purpose of an enquiry, proceeding or detention under the provisions of this Act;
Terms defined in s 2
entry
Defined · s 2“entry” means — (a) in the case of a person arriving by sea, disembarking in Brunei Darussalam from the vessel in which he arrives; (b) in the case of a person arriving at an authorised airport by air, leaving the precincts of such airport; (c) in the case of a person who enters by land and proceeds to an immigration control post in accordance with section 26(1), leaving the precincts of such post for any purpose other than that of departing from Brunei Darussalam by an approved route for some place outside Brunei Darussalam; and (d) in any other case, any entry into Brunei Darussalam by land, sea or air: Provided that it shall not include in any case an entry made for the purpose of complying with this Act or an entry expressly or impliedly sanctioned by an Immigration Officer for the purpose of an enquiry, proceeding or detention under the provisions of this Act;
Entry Permit
Defined · s 2“Entry Permit” means a Permit to enter and includes a Permit to remain in Brunei Darussalam issued under the provisions of section 10(2);
Immigration Officer
Defined · s 2“Immigration Officer” means the Controller and any person appointed under section 3 and includes a Senior Immigration Officer;
pass
Defined · s 2“pass” means any pass issued under the provisions of any regulations made under this Act entitling the holder thereof to enter and remain temporarily in Brunei Darussalam;
Re-entry Permit
Defined · s 2“Re-entry Permit” means a Permit to re-enter Brunei Darussalam issued under the provisions of section 11(2);
Residence Permit
Defined · s 2“Residence Permit” means a permit issued under the provisions of section 67(1) of the Immigration Enactment, 1956;
Part
Entry and Re-Entry Permits
Part
Procedure on Arrival in and Departure from Brunei Darussalam
Part
Removal from Brunei Darussalam
Part