Section 95: Migrant Civil Remedy.
(1)
A person who is an object of any offence of smuggling of migrants as prescribed under this Act or any other relevant law shall have the right to institute civil proceedings against any person who subjected him to the act or conduct constituting the offence, and the Court shall have jurisdiction to entertain the action, and to order the provision of appropriate material or nonmaterial remedy, including the making of restitution or payment of appropriate compensation, or both, to such object of the offence for the economic, physical, psychological, emotional, or other injury, loss or damage, including any violence, torture, cruel, inhuman or degrading treatment or punishment, or threat to his life or safety or that of any member of his family suffered by him as a result of his being subjected to any such act or conduct.
(2) The right to institute such a civil action shall not be affected by or be dependent upon the existence or outcome of criminal proceeding in connection with the same act or conduct from which the civil action derives.
(3)
The immigration status or return to his home country or some other form of his absence from jurisdiction of the object of an offence created under this Act or any other relevant law shall not affect the jurisdiction of the Court to hear the case and determine the matter.
Cite this section
Section 95, IMMIGRATION ACT 2015 (2015).
https://repo.podus.ai/laws/immigration-act-2015/section/95/