Kuwait Court of Cassation principle number 511

Summary: - The Central Agency for Addressing the Status of Illegal Residents. Its task is to address the status of that category and undertake all executive procedures in this regard in coordination with the authorities concerned. It is deemed the sole official reference authority for dealing with illegal residents. All governmental authorities are obliged to implement the decisions it issues concerning them. Transfer to it of the work of the Executive Committee for Illegal Residents’ Affairs, which had been established by Decree 58/1996. Its consequence. It must be consulted and its opinion sought on any procedure or decision concerning the status of that category before commencing its implementation. Its effect. They must be registered with the Agency and files opened for them in preparation for verifying the accuracy of the information submitted by consulting the authorities concerned to obtain the necessary documents and records, and then working to address the status of those whose actual membership of that category is established. 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 Addressing the Status of Illegal Residents is that, pursuant to this Decree, a central agency affiliated with the Council of Ministers was established, named “the Central Agency for Addressing the Status of Illegal Residents or entrusted with working to address the status of that category and undertaking all executive procedures in this regard within the framework of approved solutions, legislation and decisions, in coordination with the authorities concerned. The Decree made it the sole official reference authority for dealing with illegal residents, required all governmental authorities to implement the decisions issued by it from it concerning them, and transferred to it all the work of the Executive Committee for Illegal Residents’ Affairs, which had been established pursuant to Decree No. 58/1996. This entails that all governmental authorities are obliged to consult the Agency and seek its opinion on any procedure or decision concerning the status of that category before commencing its implementation. This cannot be achieved except by registering them with the Agency and opening files for them in preparation for examining each individual’s case and verifying the accuracy of the information he submits by consulting all governmental and non-governmental authorities to obtain the necessary information, records and documents, and then working to address the status of those whose actual membership thereof is established.