Kuwait Court of Cassation principle number 111

Summary: - The Central Agency for Remedying the Status of Illegal Residents. Its task is to remedy the status of that category and undertake all executive procedures in this regard in coordination with the relevant authorities. It is deemed the sole official reference authority for dealing with illegal residents. All government authorities are obliged to implement the decisions it issues concerning them. The functions of the Executive Committee for Illegal Residents’ Affairs, which had been established by Decree 58/1996, were transferred to it. This means that it must be consulted and its opinion sought on any procedure or decision relating to the status of that category before implementation is commenced. The effect thereof: they must be registered with the Agency and files opened for them in preparation for verifying the accuracy of the information submitted, by referring to the relevant authorities to obtain the necessary documents and instruments, and then working to remedy the status of those whose membership of that category is established as genuine. Rule: It is established that the purport of Articles 1, 2, 8 and 11 of Decree-Law No. 467/2010 establishing the Central Agency for Remedying the Status of Illegal Residents is that, pursuant to this Decree, a central agency subordinate to the Council of Ministers was established under the name “Central Agency for Remedying the Status of Illegal Residents.” It was entrusted with working to remedy the status of that category and undertaking all executive procedures in this regard within the framework of the approved solutions, legislation and decisions, in coordination with the relevant authorities. The Decree made it the sole official reference authority for dealing with illegal residents, required all government authorities to implement the decisions issued by it, from it, concerning them, and transferred to it all the functions of the Executive Committee for Illegal Residents’ Affairs, which had been established pursuant to Decree No. 58/1996. This means that all government authorities are obliged to refer to the Agency and seek its opinion on any procedure or decision relating to the status of that category before commencing its implementation. This can only be achieved by registering them with the Agency and opening files for them in preparation for examining the situation of each one of them and verifying the accuracy of the information he submits by referring to all governmental and non-governmental authorities to obtain the necessary information, instruments and documents, and then working to remedy the status of those whose membership among them is established as genuine.