Legal R. M.

The Legal, Research and Monitoring Directorate supervises the Prosecutions and Legal Affairs Departments and also provides legal advice to the Ghana Immigration Service.

The Legal Directorate is established under regulation 1(1) and (3) of the Immigration Service Regulations, 2016 (L.I. 2245). Regulation 1(1)provides that “The Service shall have the Directorates, Departments, Sectors, Sections and Units specified in the First Schedule.”

The Legal Directorate provides internal legal advice to the Service on disciplinary matters, personal file of officers, legal opinion to the Comptroller General of Immigration, etc; drafts, reviews or renews legal contracts and maintenance agreements in relation to tenancies, leases, the procurement of goods and services (sales and supply agreements, after sale agreements), etc; represents the Service in both the Lower and Superior Courts of Judicature in both civil and criminal cases; interprets the provisions of GIS legal instruments and other related laws and regulations for the conduct of GIS business; submits inputs to Ministries, Departments and Agencies for the drafting of laws relating to migration, bilateral or multilateral protocols on migration-related activities such as child labour, anti-human trafficking or smuggling, visa exemption agreements, etc; submits comments or inputs to the AG’s Department for the drafting of laws on immigration related issues; vets and advises on applications for citizenship and long term residence permits; prepares inputs for the drafting of protocols and other immigration related international agreements; educate GIS officers on immigration laws and regulations and any relevant new law; and reviews existing immigration laws and regulations for possible amendments or repeal.

The Legal Affairs Department

The Legal Affairs Department of the Legal Directorate also performs research on International Relations and cooperation with special focus on immigration laws involving Ghana; provides advisory services for the Service; is responsible for legal education in the Service; and drafts and reviews contracts or agreements for the Service.

The Prosecutions Departments

The Prosecution Department of the Legal Directorate performs research on various aspects of the civil and criminal law; gathers pre-trial evidence; organizes interviews and conferences related to prosecution in court; supervises the prosecution of persons who flout the immigration laws and regulations; and provides legal representation for the Service in courts of law.

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