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Law library · Sierra Leone · The Non-Citizens (Registration, Immigration and Expulsion) Act, 1965

Section 35: Burden of proof and presumptions.

Status not yet checkedThe Non-Citizens (Registration, Immigration and Expulsion) Act, 1965, Sierra Leone

(1) Whenever in any proceedings under this Act, or whenever for any of the purposes of this Act, one or more of the following questions is or are in issue - (a) whether any particular person is or is not in possession of a valid passport or travel certificate; (b) whether any particular person is or is not domiciled in Sierra Leone; (c) whether any particular person is or is not a citizen, or is or is not a noncitizen of any particular class the burden of proof that such person is in possession of a valid passport or travel certificate, or is domiciled in Sierra Leone or is or is not a non-citizen of any particular class, as the case may be, shall lie on the party contending that such person is in possession of a valid passport or travel certificate, or is domiciled in Sierra Leone, or is a citizen, or is or is not a non-citizen of any particular class, as the case may be, and if such proof be not produced to the satisfaction of the Court or of the Immigration Officer, as the case may be, such person shall for the purpose of such proceedings and of this Act be deemed not to be in possession of a valid passport or travel certificate, or not to be domiciled in Sierra Leone, or not to be a citizen, or to be a non-citizen of the class to which he is alleged by the Government to belong, as the case may be. (2) A document purportin to be an Expulsion Order a Deportation Order or any other Order made under this Act shall, until the contrary is proved, be presumed to be such an Order. (3) An Expulsion Order, a Deportation Order or any other Order purporting to be made under this Act shall be presumed, until the contrary is proved, to have been validly made and to have been made on the date upon which it purports to have been made.

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