Deportation Orders

Table of Contents

IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023

AN ACT TO MAKE PROVISION IN RELATION TO THE CONTROL OF NON-NATIONALS, TO AMEND THE ALIENS ACT, 1935, AND THE REFUGEE ACT, 1996, AND TO PROVIDE FOR RELATED MATTERS. [7th July, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Certain functions in relation to Act transferred (1.01.2014, establishment day) by Child and Family Law Agency Act 2013 (40/2013), s. 82 and sch. 1, S.I. Nos. 502, 503 of 2013.

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

…

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82

…

Immigration Act 1999

…

C2
Certain references construed and application of Act (other than s. 3(2), (3), (4), (5), (6), (7), (8), (9)(b) and (12)) extended (31.12.2016) by International Protection Act 2015 (66/2015), s. 51(4), S.I. No. 663 of 2016.

Deportation order

51.— …

(4) A deportation order made under this section shall be deemed to be a deportation order made under section 3(1) of the Act of 1999, and accordingly—

(a) that Act (other than subsections (2), (3), (4), (5), (6), (7), (8), (9)(b) and (12) of section 3) shall apply to the deportation order,

(b) a reference in section 3(9)(a) of that Act to a notification under subsection (3)(b)(ii) of that section shall be construed as including a reference to a notification under subsection (3), and

(c) references in any enactment to a deportation order made under the Act of 1999 shall be construed as including references to a deportation order made under this section.

…

Editorial Notes:

E1
Provision for retention and deletion of passenger data in respect of offence under Act made (1.11.2011) by European Communities (Communication of Passenger Data) Regulations 2011 (S.I. No. 597 of 2011), in effect as per reg. 1(2).

E2
Previous affecting provision: functions in relation to Act transferred to the Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5; superseded (1.01.2014, establishment day) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. Nos. 502, 503 of 2013.

Section 1

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“the Act of 1935” means the Aliens Act, 1935;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“non-national” means an alien within the meaning of the Act of 1935 other than an alien to whom, by virtue of an order under section 10 of that Act, none of the provisions of that Act applies;

“prescribed” means prescribed by regulations made by the Minister.

(2) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

Section 2

Orders under Act of 1935.

2.—(1) Every order made before the passing of this Act under section 5 of the Act of 1935 other than the orders or provisions of orders specified in the Schedule to this Act shall have statutory effect as if it were an Act of the Oireachtas.

(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.

Section 3

Deportation orders.

3.—(1) Subject to the provisions of F1[section 3A] and the subsequent provisions of this section, the Minister may by order (in this Act referred to as “a deportation order”) require any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State.

F2[(1A) A person the subject of a deportation order under this section may be detained in accordance with the provisions of this Act for the purpose of ensuring his or her deportation from the State.]

(2) An order under subsection (1) may be made in respect of—

(a) a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State,

(b) a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence,

(c) a person who has been required to leave the State under Regulation 14 of the European Communities (Aliens) Regulations, 1977 (S.I. No. 393 of 1977),

(d) a person to whom Regulation 19 of the European Communities (Right of Residence for Non-Economically Active Persons) Regulations, 1997 (S.I. No. 57 of 1997) applies,

(e) a person whose application for asylum has been transferred to a convention country for examination pursuant to section 22 of the Refugee Act, 1996,

(f) a person whose application for asylum has been refused by the Minister,

(g) a person to whom leave to land in the State has been refused,

(h) a person who, in the opinion of the Minister, has contravened a restriction or condition imposed on him or her in respect of landing in or entering into or leave to stay in the State,

(i) a person whose deportation would, in the opinion of the Minister, be conducive to the common good.

(3) (a) Subject to subsection (5), where the Minister proposes to make a deportation order, he or she shall notify the person concerned in writing of his or her proposal and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that he or she understands.

(b) A person who has been notified of a proposal under paragraph (a) may, within 15 working days of the sending of the notification, make representations in writing to the Minister and the Minister shall—

(i) before deciding the matter, take into consideration any representations duly made to him or her under this paragraph in relation to the proposal, and

(ii) notify the person in writing of his or her decision and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that the person understands.

(4) A notification of a proposal of the Minister under subsection (3) shall include—

(a) a statement that the person concerned may make representations in writing to the Minister within 15 working days of the sending to him or her of the notification,

(b) F3[subject to subsection (4A), a statement] that the person may leave the State before the Minister decides the matter and shall require the person to so inform the Minister in writing and to furnish the Minister with information concerning his or her arrangements for leaving,

(c) a statement that the person may consent to the making of the deporation order within 15 working days of the sending to him or her of the notification and that the Minister shall thereupon arrange for the removal of the person from the State as soon as practicable, and

(d) any other information which the Minister considers appropriate in the circumstances.

F4[(4A) The provisions of subsection (4)(b) shall not apply where—

(a) the person has been by a final judgment convicted in the State of a serious offence, or

(b) the Minister is of the opinion that there are reasonable grounds for regarding the person as a danger to the security of the State.]

(5) The provisions of subsection (3) shall not apply to—

(a) a person who has consented in writing to the making of a deportation order and the Minister is satisfied that he or she understands the consequences of such consent,

(b) a person to whom paragraph (c), (d) or (e) of subsection (2) applies, or

(6) In determining whether to make a deportation order in relation to a person, the Minister shall have regard to—

(a) the age of the person;

(b) the duration of residence in the State of the person;

(d) the nature of the person’s connection with the State, if any;

(e) the employment (including self-employment) record of the person;

(f) the employment (including self-employment) prospects of the person;

(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions);

(h) humanitarian considerations;

(i) any representations duly made by or on behalf of the person;

(j) the common good; and

(k) considerations of national security and public policy,

so far as they appear or are known to the Minister.

(7) A deportation order shall be in the form prescribed or in a form in the like effect.

(8) Where a person who has consented in writing to the making of a deportation order is not deported from the State within 3 months of the making of the order, the order shall cease to have effect.

(9) F5[(a) (i) Subject to paragraph (b), where the Minister has made a deportation order under this section, the notice under subsection (3)(b)(ii) may require the person the subject of the deportation order to do any one or more of the following for the purpose of ensuring his or her deportation from the State:

(I) present himself or herself to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;

(II) produce any travel document, passport, travel ticket or other document in his or her possession required for the purpose of such deportation to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;

(III) co-operate in any way necessary to enable a member of the Garda Síochána or immigration officer to obtain a travel document, passport, travel ticket or other document required for the purpose of such deportation;

(IV) reside or remain in a particular district or place in the State pending removal from the State;

(V) report to a specified Garda Síochána station or immigration officer at specified intervals pending removal from the State;

(VI) notify such member of the Garda Síochána or immigration officer as may be specified in the notice as soon as possible of any change of address.

(ii) Where the notice under subsection (3)(b)(ii) contains a requirement to do an act specified in subparagraph (i), a member of the Garda Síochána or immigration officer may, if he or she considers it necessary for the purpose of ensuring the deportation of the person concerned from the State, require the person in writing to do any one or more of the acts specified in subparagraph (i), and any such further requirement shall have effect as if it were a requirement in a notice under subsection (3)(b)(ii).

(iii) A further requirement under subparagraph (ii) shall, where necessary and possible, be given to the person concerned in a language that he or she understands.]

(b) A person who is ordinarily resident in the State and has been so resident for a period (whether partly before and partly after the passing of this Act or wholly after such passing) of not less than 5 years and is for the time being employed in the State or engaged in business or the practice of a profession in the State other than—

(i) a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State, or

(ii) a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence,

shall not be deported from the State under this section unless 3 months’ notice in writing of such deportation has been given by the Minister to such person.

(10) A person who contravenes a provision of a deportation order or a requirement in a notice under subsection (3)(b)(ii) shall be guilty of an offence.

(11) The Minister may by order amend or revoke an order made under this section including an order under this subsection.

F3[(12) In this section—

“serious offence” means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty;

“working day” means any day not being a Saturday, Sunday or public holiday.]

Annotations

Amendments:

F1
Substituted (15.07.2019) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 95(a), S.I. No. 346 of 2019.

F2
Inserted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(a)(i), S.I. No. 266 of 2000.

F3
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 44(a), (c), S.I. No. 389 of 2023, art. 3(g).

F4
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 44(b), S.I. No. 389 of 2023, art. 3(g).

F5
Substituted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(a)(ii), S.I. No. 266 of 2000.

F6
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5 and sch. 3 ref. 3, not commenced as of date of revision, subject to transitional provisions in s. 24.

Modifications (not altering text):

C3
Prospective affecting provision: subs. (9)(a)(i)(IV) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5 and sch. 3 ref. 3, not commenced as of date of revision, subject to transitional provisions in s. 24.

(IV) reside or remain in a particular F6[area] or place in the State pending removal from the State;

C4
Certain references construed and application of Act (other than s. 3(2), (3), (4), (5), (6), (7), (8), (9)(b) and (12)) extended (31.12.2016) by International Protection Act 2015 (66/2015), s. 51(4), S.I. No. 663 of 2016.

Deportation order

51. —…

(4) A deportation order made under this section shall be deemed to be a deportation order made under section 3(1) of the Act of 1999, and accordingly—

(a) that Act (other than subsections (2), (3), (4), (5), (6), (7), (8), (9)(b) and (12) of section 3) shall apply to the deportation order,

(b) a reference in section 3(9)(a) of that Act to a notification under subsection (3)(b)(ii) of that section shall be construed as including a reference to a notification under subsection (3), and

(c) references in any enactment to a deportation order made under the Act of 1999 shall be construed as including references to a deportation order made under this section.

…

Editorial Notes:

E3
Notification of an intention to make a deportation order under subs. (3) made subject to European Communities (Eligibility for Protection) Regulations 2006 and additional information required to be included stated (10.10.2006) by European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006), regs. 3(1)(c), 4(1)(a), in effect as per reg. 1(2).

Section
F7[

Prohibition of refoulement

3A.—A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—

(a) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

(b) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.]

Annotations

Amendments:

F7
Inserted (15.07.2019) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 95(b), S.I. No. 346 of 2019.

Section
F8[

Provision in relation to certain deportation orders

3B.—(1) This section applies to a deportation order made in respect of a person—

(a) in the period commencing on 31 December 2016 and ending immediately before the date on which this subsection comes into operation, and

(b) where, in determining whether to make the deportation order, the Minister considered (including having regard to any representations made in that regard by the person in accordance with section 3) whether the deportation of the person from the State would involve the person being returned to the frontier of a territory where—

(i) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

(ii) there was a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

(2) Subject to subsection (3), the validity of a deportation order to which this section applies, or a notification under section 3(3)(b)(ii) in relation to such a deportation order, shall not be affected by reason only of that deportation order or notification—

(a) including a statement referring to the Minister’s power under section 3 to make a deportation order as being subject to a specified enactment,

(b) not including a statement referred to in paragraph (a),

(c) including a statement that the consideration of the matters referred to in subparagraph (i) or (ii) of subsection (1)(b) was done in compliance with a specified enactment, or

(d) referring to the consideration of the matters referred to in subparagraph (i) or (ii) of subsection (1)(b) without specifying the legal basis for such consideration.

(3) Subsection (2) shall not apply in respect of a deportation order—

(a) that has been quashed or declared invalid by a court on a ground referred to in paragraph (a), (b), (c) or (d) of that subsection, or

(b) the validity of which has been questioned on a ground referred to in paragraph (a), (b), (c) or (d) of that subsection, in proceedings initiated before the date on which this subsection comes into operation.

(4) In this section, “enactment” has the same meaning as it has in the Interpretation Act 2005.]

Annotations

Amendments:

F8
Inserted (15.07.2019) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 95(b), S.I. No. 346 of 2019.

Section 4

Exclusion orders.

4.—(1) The Minister may, if he or she considers it necessary in the interest of national security or public policy, by order (referred to in this Act as an “exclusion order”) exclude any non-national specified in the order from the State.

(2) A person who contravenes a provision of an exclusion order shall be guilty of an offence.

(3) The Minister may by order amend or revoke an order made under this section including an order under this subsection.

Section 5

Arrest, detention and removal of non-nationals.

F9[5.—(1) Where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that a person against whom a deportation order is in force—

(a) has failed to leave the State within the time specified in the order,

(b) has failed to comply with any other provision of the order or with a requirement in a notice under section 3(3)(b)(ii),

(d) has destroyed his or her identity documents or is in possession of forged identity documents, or

(e) intends to avoid removal from the State,

the officer or member may arrest the person without warrant, and a person so arrested may be taken to a place referred to in subsection (3) and detained in the place in accordance with that subsection.

(2) Where a person against whom a deportation order is in force is serving a term of imprisonment in a prison or place of detention, an immigration officer or a member of the Garda Síochána may, immediately on completion by the person of the term of imprisonment, arrest the person without warrant and detain him or her in accordance with subsection (3).

(3) A person who is arrested and detained under subsection (1) or (2) may be detained—

(a) in a prescribed place, or

(b) for the purpose of his or her being placed in accordance with subsection (4) and for a period or periods each not exceeding 12 hours—

(i) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or

(ii) within the port referred to in subparagraph (i).

(4) A person arrested and detained under subsection (1) or (2) may be placed on a ship, railway train, road vehicle or aircraft about to leave the State by an immigration officer or a member of the Garda Síochána, and shall be deemed to be in lawful custody whilst so detained and until the ship, railway train, road vehicle or aircraft leaves the State.

(5) The master of any ship and the person in charge of any railway train, road vehicle or aircraft bound for any place outside the State shall, if so required by an immigration officer or a member of the Garda Síochána, receive a person against whom a deportation order has been made and his or her dependants, if any, on board such ship, railway train, road vehicle or aircraft and afford him or her and his or her dependants proper accommodation and maintenance during the journey.

(6) (a) Subsections (1) and (2) shall not apply to a person who is under the age of 18 years.

(b) If and for so long as the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of subsections (1) and (2) shall apply as if he or she had attained the age of 18 years.

(c) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in loco parentis or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Child and Family Agency of the detention and of the circumstances thereof.

(7) Where a person detained under this section institutes court proceedings challenging the validity of the deportation order concerned, or of a decision by the Minister under section 3(11) in relation to the order, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more of the following conditions:

(a) that the person reside or remain in a particular district or place in the State;

(b) that he or she report to a specified Garda Síochána station or immigration officer at specified intervals;

(8) (a) Subject to subsections (9) and (10), a person shall not be detained under this section for a period or periods exceeding 8 weeks in aggregate.

(b) The following periods shall be excluded in reckoning a period for the purpose of paragraph (a):

(i) any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment;

(ii) any period spent by the person in a vehicle referred to in subsection (3)(b)(i) or on board a ship, railway train, road vehicle or aircraft pursuant to this section; and

(iii) if the person has instituted court proceedings challenging the validity of the deportation order concerned, or a decision by the Minister under section 3(11) in relation to the order, any period spent by the person in a place of detention between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving thereof and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.

(c) Periods of detention of a person under this section may be aggregated for the purposes of paragraph (a) only where the person concerned has, between the expiry of the earliest occurring period and the commencement of the latest occurring period, not left the State.

(9) (a) This paragraph applies to a person against whom a deportation order is in force who—

(i) has previously been detained under this section, and

(ii) not having left the State since the expiry of the latest period of his or her detention referred to in subparagraph (i), is arrested and detained under subsection (1) or (2).

(b) Where the aggregate of the period or periods of his or her detention referred to in paragraph (a)(i) and the period of his or her detention referred to in paragraph (a)(ii) is 8 weeks, a person to whom paragraph (a) applies shall continue to be detained under this section only with the leave of a judge of the District Court.

(c) Where the detention of a person is authorised under paragraph (b), the period of his or her detention referred to in paragraph (a)(i) shall be excluded in reckoning, for the purposes of subsection (8)(a), the period of his or her detention referred to in paragraph (a)(ii).

(10) (a) Paragraph (b) shall apply to the arrest and detention under this section of a person who has previously been detained under this section, where the period, or the aggregate of the periods, of the previous detention is 8 weeks or more.

(b) Where a person to whom paragraph (a) applies is arrested and detained under subsection (1) or (2) —

(i) he or she shall, as soon as practicable, be brought before a judge of the District Court, and

(ii) he or she shall continue to be detained under this section only with the leave of a judge of the District Court.

(11) For the purposes of arresting a person under subsection (1) or (2), the immigration officer or member of An Garda Síochána may enter (if necessary, by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or the member, with reasonable cause, suspects that person to be, and where the premises is a dwelling, the immigration officer or the member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or the member to be in charge of the dwelling, enter that dwelling unless—

(a) the person ordinarily resides at that dwelling, or

(b) he or she believes on reasonable grounds that the person is within the dwelling.]

Annotations

Amendments:

F9
Substituted (10.03.2016) by International Protection Act 2015 (66/2015), s. 78, S.I. No. 133 of 2016.

F10
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5(1) and sch. 3 ref. 3, not commenced as of date of revision, subject to transitional provisions in s. 24.

Modifications (not altering text):

C5
Prospective affecting provision: subs. (7)(a) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5(1) and sch. 3 ref. 3, not commenced as of date of revision, subject to transitional provisions in s. 24.

(a) that the person reside or remain in a particular F10[area] or place in the State;

Editorial Notes:

E4
Certain court fees excluded for proceedings under subs. (5) (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 6(3), in effect as per art. 1(2).

E5
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 6(3), in effect as per art. 1(2); revoked (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 11, in effect as per art. 1(2).

E6
Previous affecting provision: subs. (4)(c) amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 12, S.I. No. 502 of 2013; section substituted (10.03.2016) as per F-note above.

E7
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 5(3), in effect as per art. 1(2); revoked (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 11, in effect as per art. 1(2).

E8
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 6(3), in effect as per art. 1(2); revoked (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 10, in effect as per art. 1(2).

E9
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 6(3), in effect as per art. 1(2); revoked (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 13, in effect as per art. 1(2).

E10
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (22.08.2011) by Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011), art. 6(3), in effect as per art. 1(2); revoked (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 11, in effect as per art. 1(2).

E11
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (7.07.2008) by Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008), art. 6(3), in effect as per art. 1(2); revoked (22.08.2011) by Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011), art. 10, in effect as per art. 1(2).

E12
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (12.01.2005) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005), art. 7(3); revoked (07.07.2008) by Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008), art. 10, in effect as per art. 1(2).

E13
Previous affecting provision: subs. (4)(c) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part. 18, S.I. No. 887 of 2004; section substituted (10.03.2016) as per F-note above.

E14
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (1.08.2004) by Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2014), art. 7(3), in effect as per art. 1(2); revoked (12.01.2005) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005), art. 11.

E15
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (10.03.2003) by Supreme Court and High Court (Fees) Order 2003 (S.I. No. 89 of 2003), art. 7(3), in effect as per art. 1(2); revoked (1.08.2004) by Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2014), art. 11, in effect as per art. 1(2).

E16
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (1.01.2002) by Supreme Court and High Court (Fees) (No. 2) Order 2001 (S.I. No. 488 of 2001), art. 7(3), in effect as per art. 1(2); revoked (10.03.2003) by Supreme Court and High Court (Fees) Order 2003 (S.I. No. 89 of 2003), art. 11, in effect as per art. 1(2).

E17
Previous affecting provision: certain court fees excluded for proceedings under subs. (5) (16.07.2001) by Supreme Court and High Court (Fees) Order 2001 (S.I. No. 251 of 2001), art. 7(3), in effect as per art. 1(2); revoked (1.01.2002) by Supreme Court and High Court (Fees) (No. 2) Order 2001 (S.I. No. 488 of 2001), art. 11, in effect as per art. 1(2).

E18
Previous affecting provision: subs. (1) substituted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(b), S.I. No. 226 of 2000; section substituted (10.03.2016) as per F-note above.

Section 6

Service of notices.

6.—F11[(1)] Where a notice is required or authorised by or under this Act to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in some one of the following ways:

(a) where it is addressed to him or her by name, by delivering it to him or F12[her,]

(b) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her F13[to F14[a registration officer (within the meaning of the Immigration Act 2004) pursuant to section 9 of that Act, or to the Minister pursuant to section 16 (3)(c) of the International Protection Act 2015 ], as the case may be] or, in a case in which an address for service has been furnished, F12[at that address, or]

F15[(c) by sending it to him or her by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.]

F15[(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—

(a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or

(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.]

F16[(2) Where a notice under this Act has been sent to a person in accordance with—

(a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

(b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.]

F15[(3) In this section—

“electronic interface” means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;

“registration officer” has the same meaning as it has in the Immigration Act 2004.]

Annotations

Amendments:

F11
Inserted by implication (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(c)(ii), S.I. No. 266 of 2000.

F12
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 45(a)(i), (ii), S.I. No. 389 of 2023, art. 3(g).

F13
Substituted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(c)(i), S.I. No. 266 of 2000.

F14
Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 27, S.I. No. 370 of 2022, subject to transitional provisions in s. 40(1).

F15
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 45(a)(iii), (b), (c), S.I. No. 389 of 2023, art. 3(g).

F16
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 45(c), S.I. No. 389 of 2023, art. 3(g).

Editorial Notes:

E19
Previous affecting provision: subs. (1)(b) amended (12.02.2004) by Immigration Act 2004 (1/2004), s. 16(5), commenced on enactment; substituted (22.07.2022) as per F-note above.

E20
Previous affecting provision: subs. (2) inserted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 10(c)(ii), S.I. No. 266 of 2000; substituted (31.07.2023) as per F-note above.

Section 7

Regulations.

7.—(1) The Minister may—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed, and

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act including regulations requiring a non-national against whom a deportation order has been made to repay any expenditure incurred by the Minister in relation to his or her deportation having regard to the financial circumstances of the person and providing for the procedure for such repayment.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

Annotations

Editorial Notes:

E21
Power pursuant to section exercised (8.03.2017) by Immigration Act 1999 (Deportation) (Amendment) Regulations 2017 (S.I. No. 74 of 2017).

E22
Power pursuant to section exercised (10.03.2016) by Immigration Act 1999 (Deportation) (Amendment) Regulations 2016 (S.I. No. 134 of 2016), in effect as per reg. 1(2).

E23
Power pursuant to section exercised (3.02.2005) by Immigration Act 1999 (Deportation) Regulations 2005 (S.I. No. 55 of 2005).

E24
Previous affecting provision: power pursuant to section exercised (25.03.2002) by Immigration Act 1999 (Deportation) Regulations 2002 (S.I. No. 103 of 2002); revoked (3.02.2005) by Immigration Act 1999 (Deportation) Regulations 2005 (S.I. No. 55 of 2005), reg. 3.

E25
Previous affecting provision: power pursuant to section exercised (18.10.1999) by Immigration Act 1999 (Deportation) Regulations 1999 (S.I. No. 319 of 1999); revoked (25.03.2002) by Immigration Act 1999 (Deportation) Regulations 2002 (S.I. No. 103 of 2002), reg. 3.

Section 8

Obstruction etc.

8.—(1) A person against whom a deportation order has been made—

(a) shall not by act or omission, obstruct or hinder a person authorised by the Minister to deport a person from the State pursuant to the order while the person is engaged in such deportation,

(b) shall, for the purpose of facilitating his or her deportation from the State, co-operate in any way necessary to enable a person so authorised to obtain a travel document, ticket or other document required for the purpose of such deportation and, in particular, shall comply with any request from a person so authorised to sign a document in that connection or to affix his or her fingerprints to such a document,

(c) shall not behave in a manner likely to endanger the safety of himself or herself or the safety of others in the course of his or her deportation from the State.

(2) A person who contravenes this section shall be guilty of an offence.

Section 9

Penalties.

9.—A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.

Annotations

Editorial Notes:

E26
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.

Section 10

Increase of certain penalties under Act of 1935.

10.—Section 6(1) of the Act of 1935 is hereby amended by the substitution for “shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months, and the Court, before which such person is so convicted, may, either in addition to or in lieu of any such fine or imprisonment,” of “shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, and the Court, before which such person is so convicted, may, either in addition to or in lieu of any such fine or imprisonment or both,”.

Section 11
Amendment of Refugee Act, 1996.

11.—(1) The Refugee Act, 1996, is hereby amended—

(a) in section 1(1), by—

(i) the substitution of the following definition for the definition of “the Appeal Board”:

“‘the Tribunal’ means the Refugee Appeals Tribunal established by section 15;”, and

(ii) the insertion of the following definition:

“‘working day’ means any day not being a Saturday, Sunday or public holiday;”,

(b) by the insertion of the following section after section 7:

“Establishment of Refugee Advisory Board.

7A. —(1) There shall be a board to be known as the Refugee Advisory Board (in this Act referred to as ‘the Board’) to perform the functions conferred on it by this Act.

(2) The Board shall be independent in the performance of its functions.

(3) The provisions of the Schedule to this section shall have effect in relation to the Board.

(4) (a) The Board shall, in every second year beginning with the year 2001, prepare and submit to the Minister a report in writing on the operation in the preceding 2 years of this Act and may include in the report information and comment in respect of asylum policy and refugees including any proposals to amend legislation and recommendations regarding the practice or procedures of public or private bodies in relation to applicants and any other matters relating to such operation coming to its attention to which it considers that his or her attention should be drawn and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(b) The Board shall, at the request of the Minister, prepare and furnish to him or her a report in writing on such matters relating to the performance of its functions as the Minister may specify and as soon as may be after the receipt by the Minister of the report, he or she shall cause a copy of it to be laid before each House of the Oireachtas.

(5) The Commissioner shall, whenever so requested by the Board, furnish to the Board information in relation to such matters as the Board may specify relating to the performance of its functions.

Subsection (3).

SCHEDULE

Refugee Advisory Board

1. The Board shall consist of a chairperson and 14 ordinary members who shall be appointed to be members of the Board by the Minister.

2. The Commissioner shall be a member of the Board and shall act as secretary to the Board.

3. Of the members of the Board—

(a) one shall be a representative of the Minister nominated by the Minister,

(b) one shall be a representative of the Minister for Foreign Affairs nominated by the Minister for Foreign Affairs,

(c) one shall be a representative of the Minister for Social, Community and Family Affairs nominated by the Minister for Social, Community and Family Affairs,

(d) one shall be a representative of the Minister for Education and Science nominated by the Minister for Education and Science,

(e)one shall be a representative of the Minister for Health and Children nominated by the Minister for Health and Children,

(f) one shall be a representative of the Minister for the Environment and Local Government nominated by the Minister for the Environment and Local Government,

(g) one shall be a representative of the Minister for Enterprise, Trade and Employment nominated by the Minister for Enterprise, Trade and Employment,

(h) six shall be women and six shall be men.

4. The High Commissioner shall be given not less than 7 days’ notice in writing of the date and time of each meeting of the Board and shall be entitled to be present at and heard at each meeting either in person or through a representative.

5. In the selection of persons for appointment to membership of the Board regard shall be had to—

(a) the desirability of ensuring that a person or persons representative of refugees and applicants is or are appointed to membership of the Board, and

(b) the person’s interest in or knowledge of asylum and the provision of protection and assistance to refugees or his or her competence otherwise to assist the Board in the performance of its functions.

6. Subject to the provisions of this Schedule, the members of the Board shall hold office upon such terms and conditions as the Minister may determine.

7. The term of office of a member of the Board shall be 5 years and, subject to the provisions of this Schedule, a member shall be eligible for reappointment.

8. Where a casual vacancy occurs among the members of the Board, the Minister may appoint a person to be a member of the Board to fill the vacancy and a member so appointed shall hold office for the remainder of the term of office for which his or her predecessor had been appointed, and the person shall be so appointed in the manner specified in paragraph 3 or 5, as the case may be, in which such predecessor was so appointed.

9. Members of the Board shall be paid such remuneration and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

10. The Minister may remove from office any member of the Board who, in the opinion of the Minister, has become incapable through illness of effectively performing his or her functions or has committed stated misbehaviour.

11. The Board shall meet at least four times a year.”,

(i) the substitution in subsection (1) of the following paragraph for paragraph (c):

“(c) A person who at any time is in the State (whether lawfully or unlawfully) and is seeking the status of a refugee in the State may apply to the Minister for a declaration and, if he or she does so, shall be interviewed by an authorised officer or an immigration officer at such times as may be specified by the authorised officer or the immigration officer, as the case may be, who shall also inform the person that he or she is entitled to consult a solicitor and the High Commissioner and the person shall make himself or herself available for such interview at the times so specified.”,

(ii) the substitution of the following subsection for subsection (2):

“(2) An interview under subsection (1) shall, in relation to the person the subject of the interview, seek to establish inter alia—

(a) whether the person wishes to make an application for a declaration and, if he or she does so wish, the general grounds upon which the application is based,

(b) the identity of the person,

(d) the mode of transport used and the route travelled by the person to the State,

(e) the reason why the person came to the State, and

(f) the legal basis for the entry into or presence in the State of the person,

and shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the interview was conducted by an immigration officer, to the Commissioner.”,

(iii) the substitution of the following subsection for subsection (3):

“(3) (a) The Commissioner shall notify the High Commissioner in writing of the making of an application and the notice shall include the name of the applicant and the name of his or her country of origin and such other information as the Minister may specify by notice in writing addressed to the Commissioner.

(b) The Commissioner shall furnish a copy of the record of any interview under subsection (1)—

(i) to the Minister, and

(ii) to the High Commissioner whenever so requested by him or her in writing.”,

(iv) the substitution of the following subsection for subsection (4):

“(4) An application under subsection (1) shall be made in writing in the prescribed form or in a form to the like effect and shall be addressed to the Commissioner.”,

and

(v) the substitution in subsection (5) of the following paragraph for paragraph (a):

“(a) Where it appears to an immigration officer or an authorised officer that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform the health board in whose functional area the child is and thereupon the provisions of the Child Care Act, 1991, shall apply in relation to the child.”,

(d) in section 9, by—

(i) the substitution of the following subsection for subsection (3):

“(3) (a) The Commissioner shall give or cause to be given to a person referred to in subsection (2) a temporary residence certificate (in this section referred to as ‘a certificate’) stating the name and containing a photograph of the person and such other information relating to the person as may be prescribed and specifying the date on which the person’s application for a declaration was received by the Commissioner and stating that, subject to the provisions of this Act, and, without prejudice to any other permission or leave granted to the person to remain in the State, the person shall not be removed from the State before the final determination of his or her application.

(b) A certificate shall remain the property of the Minister.

(c) A certificate shall be deemed to be a registration certificate for the purposes of Article 15 of the Aliens Order, 1946 (S.R.& O., No. 395 of 1946) and a person who is issued with a certificate shall be deemed to have complied with Article 11(1)(a) of that Order.

(d) If a person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures the forging or fraudulent alteration of a certificate, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or to both.”,

and

(ii) the substitution of the following subsection for subsection (15):

“(15) A person referred to in subsection (1) shall not be given leave to enter the State under that subsection if he or she is the subject of an order under section 4 of the Immigration Act, 1999.”,

(e) by the insertion after section 9 of the following section:

“Powers of authorised officers and immigration officers.

9A.—(1) An authorised officer or an immigration officer may, for the purposes of this Act, take or cause to be taken the fingerprints of an applicant above the age of 14 years.

(2) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) shall be deemed not to have made reasonable efforts to establish his or her true identity within the meaning of section 9(8)(c) and to have deliberately obstructed the investigation of his or her application within the meaning of section 12(4)(f).

(3) Every fingerprint of an applicant taken pursuant to subsection (1) and every copy thereof shall, if not previously destroyed, be destroyed—

(a) in case the applicant becomes a citizen of the State, before the expiration of one month after the granting of the certificate of naturalisation or of Irish citizenship to him or her or the acknowledgement by the Minister of the validity of his or her declaration accepting Irish citizenship, as the case may be;

(b) in any other case, before the expiration of 10 years after the taking of such fingerprints.

(4) Information obtained pursuant to subsection (1) may be communicated to convention countries as if it was information to which section 22(9) relates.”,

(f) in section 10, by the substitution of “the Tribunal” for “the Appeal Board” in each place where it occurs,

(g) in section 11, by—

(i) the substitution of the following subsection for subsection (1):

“(1) Subject to section 12, where an application is received by the Commissioner under section 8 or is remitted to him or her under section 16 or otherwise referred to him or her by the Minister and the application is not withdrawn or deemed to be withdrawn pursuant to section 9 or 22, it shall be the function of the Commissioner to investigate the application for the purpose of ascertaining whether the applicant is a person in respect of whom a declaration should be given.”,

(ii) the substitution in subsection (2) for “section 12(2)” of “section 12(1)(a)”,

(iii) the insertion in subsection (3) after “may” of “, at any time but not later than 7 working days after the conduct of an interview under subsection (2),”,

(iv) the insertion in subsection (6) after “the applicant concerned” of “and the High Commissioner, whenever so requested by him or her,”,

(v) the substitution in subsection (8) for “Where an application is referred to the Commissioner under section 8, 16 or 22, or otherwise by the Minister” of “On receipt by the Commissioner of an application under the provisions of this Act,”, and

(vi) the insertion of the following subsection after subsection (8):

“(9) Where an applicant does not attend for interview with an authorised officer under this section, the Commissioner shall by notice in writing require the applicant to attend for interview at such other time and place as shall be specified in the notice and the notice shall state that if the applicant does not, without reasonable cause, comply with the requirement the Commissioner shall make a recommendation that the applicant should not be declared to be a refugee.”,

(h) in section 12, by—

(i) the substitution of the following subsection for subsections (1) to (3):

“(1) Where at any time during the investigation of an application by the Commissioner under section 11 (other than an application remitted to the Commissioner under section 16), the Commissioner is of opinion that the application is manifestly unfounded, he or she shall, as soon as may be—

(a) in case he or she forms the opinion before the interview of the applicant concerned under section 11(2), notify the applicant of his or her opinion (including the reasons for it) and the notice shall require the applicant to attend for interview in accordance with section 11(2) at such time and place as shall be specified in the notice,

(b) in case he or she forms, or, as the case may be, remains of, the opinion after the interview of the applicant concerned under section 11(2) and following consideration of any report furnished under section 11(2) and any representations made under section 11(3), make a recommendation that the applicant concerned should not be declared to be a refugee and shall send a copy of the recommendation and of the reasons for it to—

(i) the applicant,

(ii) the applicant’s solicitor (if known), and

(iii) the High Commissioner.”,

and

(ii) the substitution of the following subsection for subsection (5):

“(5) The Commissioner shall, when sending a copy of the recommendation to the applicant under subsection (1)(b), at the same time send to the applicant a notice in writing stating that the applicant may appeal to the Tribunal under section 16 against the recommendation within 10 working days from the sending of the notice.”,

(i) in section 13, by—

(i) the deletion in subsection (1) of “and shall furnish the report to the Minister”,

(ii) the substitution of the following subsections for subsection (2):

“(2) The Commissioner shall notify the High Commissioner of the making of the recommendation under subsection (1).

(3) (a) The Commissioner shall send a copy of a report under subsection (1) to the applicant concerned, to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

(b) Where a report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee, the Commissioner shall send to the applicant a notice in writing stating that the applicant may appeal to the Tribunal under section 16 against the recommendation and may request an oral hearing within 15 working days from the sending of the notice.

(c) Where the applicant has not appealed against the recommendation within 21 days after the sending of a notice under paragraph (b), the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(d) Where a report under subsection (1) includes a recommendation that the applicant should be declared to be a refugee, the Commissioner, shall as soon as may be, furnish the report to the Minister.”,

(j) by the substitution of the following section for section 15:

“15.—(1) On the establishment day there shall stand established a Tribunal to be known as the Refugee Appeals Tribunal (in this Act referred to as ‘the Tribunal’) to consider and decide appeals under section 16 of this Act.

(2) The Tribunal shall be independent in the performance of its functions.

(3) The provisions of the Second Schedule shall have effect in relation to the Tribunal.’,

(k) in section 16, by—

(i) the substitution for “Appeal Board” of “Tribunal” in subsections (1) to (12) and (16),

(ii) the insertion of the following subsection after subsection (2):

“(2A) Where an applicant fails, without reasonable cause, to attend an oral hearing under subsection (10), the Tribunal shall affirm a recommendation of the Commissioner under section 13.”,

(iii) the substitution in subsection (3) for “and shall indicate” of “and, in the case of a recommendation by the Commissioner under section 13(3)(b), shall indicate”,

(iv) the substitution in subsection (4) for “to the Minister, the Commissioner and the High Commissioner” of “to the Commissioner and notification of the making of the appeal to the High Commissioner”,

(v) the substitution in subsection (8) for “solicitor (if known)” of “solicitor (if known) and the High Commissioner whenever so requested by him or her” and for “furnished to the applicant” of “furnished to the applicant or, as the case may be, the High Commissioner”, and

(vi) the substitution of the following subsection for subsection (17):

“(17) (a) A decision of the Tribunal under subsection (2) and the reasons therefor shall be communicated by the Tribunal to the applicant concerned and his or her solicitor (if known).

(b) A decision of the Tribunal under subsection (2) (other than a decision of the Tribunal under subsection (2)(d) and the reasons therefor shall be communicated by the Tribunal to the Minister together with a copy of the report of the Commissioner under section 13.

(l) in section 17, by—

(i) the substitution in subsection (1) for “Appeal Board” of “Tribunal”,

(ii) the substitution in subsection (5) of the following paragraph for paragraph (c):

“(c) the Minister may make an order under section 3 of the Immigration Act, 1999, requiring the applicant to leave the State and if the notice contains the statement specified in subsection (4) of that section, it shall not be necessary for the Minister to give the notification specified in the subsection (3) of that section,”,

and

(iii) the deletion of subsection (8),

(m) in section 19, by the substitution in subsection (1) for “Appeal Board” of “Board, the Tribunal”,

(n) in section 20, by—

(i) the substitution in subsections (2) to (5) for “6 months” of “12 months”, and

(ii) the substitution in subsection (2) for “the Appeal Board or to an authorised officer” of “the Tribunal, an authorised officer or an immigration officer”,

(o) in section 21, by—

(i) the substitution in subsection (1)(h) for “Appeal Board” of “Tribunal”, and

(ii) the substitution in subsections (3), (4) and (6) for “21 days” of “15 working days”,

(p) in section 22, by—

(i) the substitution in subsection (2) (c) for “until it has been decided by the person specified in an order under this section” of “until he or she has decided”,

(ii) the substitution in subsection (2) (d) for “which has been referred to the Commissioner under section 8” of “which is being investigated by the Commissioner”,

(iii) the substitution in subsection (2)(h) for “the referral of an application for asylum to the Commissioner” of “the investigation of an application for asylum by the Commissioner”,

(iv) the substitution of the following subsection for subsection (4):

“(4) (a) The Commissioner shall determine the matters referred to in subsection (2) (a).

(b) The Tribunal shall consider and decide appeals under subsection (2)(b).”,

and

(v) the substitution of the following subsection for subsection (9):

“(9) (a) The Minister shall, pursuant to Article 14 of the Dublin Convention, communicate information to convention countries in relation to matters referred to in that Article.

(b) The Commissioner shall, pursuant to Article 15 of the Dublin Convention, communicate information to convention countries in relation to matters referred to in that Article:

Provided that information concerning the grounds on which a particular application for asylum is based or the grounds on which a decision concerning such an application is based shall not be communicated under this section without the prior consent of the person the subject of the application.”,

(q) in section 23, by the substitution in paragraph (b) for “Appeal Board” of “Tribunal”,

(r) in section 28, by the substitution for “commencement of this Act” of “commencement of this section”,

(s) by the substitution of the following Schedule for the First Schedule—

“FIRST SCHEDULE

Section 6.

Refugee Applications Commissioner

1. The position of Commissioner shall be a position in the Civil Service (within the meaning of the Civil Service Commissioners Act, 1956) and a person shall not be appointed to be the Commissioner unless the Civil Service Commissioners, within the meaning aforesaid, after holding a competition under section 15 of that Act, have, under section 17 of that Act, selected him or her for appointment to the position.

2. The term of office of the Commissioner shall be 5 years and a person may be reappointed to the office for a second or subsequent term.

3. The Commissioner shall be paid such remuneration and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

4. The Commissioner—

(a) may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter,

(b) may at any time be removed from office by the Minister if, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour, and

5. The Minister may appoint such and so many persons to be members of the staff of the Commissioner as he or she considers necessary to assist the Commissioner in the performance of his or her functions and such members shall receive such remuneration and be subject to such other terms and conditions of service as the Minister may, with the consent of the Minister for Finance, determine.

6. Members of the staff of the Commissioner shall be civil servants within the meaning of the Civil Service Regulation Act, 1956.

7. The Minister may delegate to the Commissioner the powers exercisable by him or her under the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 to 1996, as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then, so long as the delegation remains in force—

(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and

(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.

8. (1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.

(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner for audit to the Comptroller and Auditor General in the following year on a date not later than a date specified by the Minister and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be furnished by the Commissioner to the Minister who shall cause copies of the documents so furnished to be laid before each House of the Oireachtas.

9. The Commissioner may delegate to any members of the staff of the Commissioner any of his or her functions under this Act save those conferred by section 7.”,

(t) by the substitution of the following Schedule for the Second Schedule:

“SECOND SCHEDULE

Section 15.

Refugee Appeals Tribunal

1. The Tribunal shall consist of the following members—

(a) a chairperson, and

(b) such and such number of ordinary members as the Minister, with the consent of the Minister for Finance, considers necessary for the expeditious dispatch of the business of the Tribunal,

each of whom shall have had not less than 10 years’ experience as a practising barrister or practising solicitor before his or her appointment.

2. A person shall not be appointed to be the chairperson unless the Civil Service Commissioners, within the meaning aforesaid, have, under section 17 of that Act, selected him or her for appointment to the position.

3. The term of office of the chairperson shall be 5 years and a person may be reappointed to the office for a second or subsequent term.

4. Each ordinary member of the Tribunal shall be a part-time member and, subject to this Schedule, shall hold office for a term of 3 years on such terms and conditions as the Minister may, subject to the provisions of this Schedule, determine when appointing him or her.

5. The chairperson and each ordinary member shall be paid such remuneration and allowances and expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

6. A member of the Tribunal may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

7. An ordinary member of the Tribunal may be removed from office by the Minister for stated reasons.

8. If a member of the Tribunal dies, resigns, becomes disqualified or is removed from office, the Minister may appoint another person to be a member of the Tribunal to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Tribunal who occasioned the vacancy and shall hold office for the remainder of the term of office for which his or her predecessor was appointed.

9. The Minister may appoint such and so many persons to be members of the staff of the Tribunal as he or she considers necessary to assist the Tribunal in the performance of its functions and such members of the staff of the Tribunal shall receive such remuneration and be subject to such other terms and conditions of service as the Minister may, with the consent of the Minister for Finance, determine.

10. Members of the staff of the Tribunal shall be civil servants within the meaning of the Civil Service Regulation Act, 1956.

11. Whenever the Tribunal consists of more than one member, it shall be grouped into divisions each of which shall consist of one member.

12. The chairperson shall convene a meeting of the members of the Tribunal at least twice a year to review the work of the Tribunal and, where necessary, to make provision for training programmes for members of the Tribunal.

13. The chairperson shall assign to each division the business to be transacted by it.”.

(2) This section shall come into operation on such day or days as by order or orders made by the Minister under this section may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Section 12
Laying of regulations before Houses of Oireachtas.

12.—Every order under section 4 or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Section 13
Short title.

13.—This Act may be cited as the Immigration Act, 1999.

Schedule
SCHEDULE

Section 2.

Article 13 of the Aliens Order, 1946 (S.R. & O., No. 395 of 1946).

Aliens (Visas) Order, 1999 (S.I. No. 25 of 1999).

IMMIGRATION ACT 2003

REVISED

Updated to 12 April 2019

AN ACT TO MAKE PROVISION IN RELATION TO THE CONTROL OF ENTRY INTO THE STATE OF NON-NATIONALS, TO AMEND THE REFUGEE ACT 1996 AND TO PROVIDE FOR RELATED MATTERS. [14th July, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions under Act transferred from Health Service Executive to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 82 and sch. 1, S.I. No. 502 of 2013.

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

…

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82

…

Immigration Act 2003

…

Editorial Notes:

E1
Previous affecting provision: functions of Health Boards under Act transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59(1)-(3) and sch. 3, S.I. No. 887 of 2004; re-transferred as per C-note above.

Section 1

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“the Act of 1935” means the Aliens Act 1935;

“carrier”, in relation to a vehicle, means—

(a) the owner of the vehicle, or

(b) in relation to a mechanically propelled vehicle, ship or boat, the person in charge of the vehicle;

“immigration officer” means an immigration officer appointed under the Aliens Order 1946 (S.R. & O., No. 395 of 1946);

“Irish transit visa” means an endorsement made on a passport or travel document other than an Irish passport or Irish travel document for the purposes of indicating that the holder thereof is authorised to arrive at a port in the State for purposes of passing through the port in order to travel to another state subject to any other conditions of arrival being fulfilled;

“Irish visa” means an endorsement made on a passport or travel document other than an Irish passport or Irish travel document for the purposes of indicating that the holder thereof is authorised to land in the State subject to any other conditions of landing being fulfilled;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“non-national” has the meaning assigned to it by the Immigration Act 1999;

“owner”, in relation to a vehicle, includes any part owner, charterer, manager or operator of the vehicle;

“port” includes any place whether on a land or sea frontier where a person lands in or embarks from the State;

“prescribed” means prescribed by regulations made by the Minister;

“vehicle” includes any ship, boat, railway train, aircraft or mechanically propelled vehicle within the meaning of the Road Traffic Act 1961.

(2) In this Act—

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

Section 2

Liability of carriers.

2.—(1) Where a vehicle arrives in the State from a place other than Great Britain, Northern Ireland, the Channel Isles or the Isle of Man the carrier concerned shall ensure—

(a) that all persons on board the vehicle seeking to land in the State or to pass through a port in the State in order to travel to another state disembark in compliance with any directions given by immigration officers,

(b) that all persons on board the vehicle seeking to land in the State are presented to an immigration officer for examination in respect of leave to land,

(c) that each non-national on board the vehicle seeking to land in the State or to pass through a port in the State in order to travel to another state has with him or her a valid passport or other equivalent document which establishes his or her identity and nationality and, if required by law, a valid Irish transit visa or a valid Irish visa.

(2) A person who contravenes paragraph (a), (b) or (c) of subsection (1) shall be guilty of an offence and, where a contravention by the person relates to more than one non-national, each such contravention shall constitute a separate offence.

(3) Where a vehicle arrives in the State from a place outside the State the carrier concerned shall, if so requested by an immigration officer, furnish him or her with—

(a) a list specifying the name and nationality of each person carried on board the vehicle in such form, and containing such other information relating to the identity of the person, as may be prescribed,

(b) details of the members of the crew of the vehicle.

(4) A person who contravenes paragraph (a) or (b) of subsection (3) shall be guilty of an offence.

(5) It shall be a defence for a person charged with an offence under this section to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with the provision of this Act.

(6) It shall be a defence for a person charged with an offence under this section consisting of a contravention of paragraph (c) of subsection (1) to show—

(a) that the non-national concerned had with him or her the relevant document before embarking on the vehicle concerned, or

(b) that he or she did not know and had no reasonable grounds for suspecting that the document was invalid.

(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine of €3,000.

(8) The Minister may from time to time draw up and publish guidelines concerning steps to be taken by carriers to ensure compliance by them with this Act.

(9) This section is without prejudice to the provisions of sections 8, 9 and 24 of the Refugee Act 1996 and to the discretion of the Minister to admit to the State a person whom the Minister considers to be in need of the protection of the State.

Section 3

Provisions in relation to offences.

3.—(1) Where an immigration officer has reasonable grounds for believing that an offence under section 2 is being or has been committed by a person he or she shall serve, or cause to be served, personally or by post, on the person a notice in the prescribed form or in a form to the like effect stating—

(a) that the person is alleged to have committed the offence,

(b) that the person may, during the period of 28 days beginning on the date of the notice, make to a member of the Garda Síochána or an authorised person at a Garda Síochána station or at another place specified in the notice a payment of €1,500 accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is being made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a notice is served under subsection (1)—

(a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána or an authorised person at a Garda Síochána station or at another place specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the member or the authorised person may receive the payment and issue a receipt for it and the money so received shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs and no payment so received shall in any circumstances be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under section 2, it shall be presumed, until the contrary is shown by the accused person, that a payment pursuant to a notice under this section accompanied by the notice has not been made.

(4) In this section “authorised person” means a person appointed by the Minister to be an authorised person for the purposes of this section.

Annotations

Modifications (not altering text):

C2
Functions under subs. (2)(b) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 26 of 2003

Immigration Act 2003

Section 3(2)(b)

…

Editorial Notes:

E2
Forms under subs. (1) prescribed (19.09.2003) by Immigration Act 2003 (Carrier Liability) Regulations 2003 (S.I. No. 447 of 2003), regs. 3-7 and schs. 1-5, in effect as per reg. 1(2).

Section 4

Amendment of Aliens Act 1935.

4.—The Aliens Act 1935 is hereby amended by the substitution of the following section for section 7:

“

Entry, search and seizure.

7.—(1) Where, on the sworn information of a member of the Garda Síochána not below the rank of sergeant, a judge of the District Court is satisfied that—

(a) it is reasonably necessary for the purpose of the enforcement of—

(i) an aliens order, or

(ii) an order under section 3 or 4 of the Immigration Act 1999 (‘the Act of 1999’),

that a place specified in the information should be searched by members of the Garda Síochána, or

(b) there are reasonable grounds for suspecting that evidence of or relating to an offence under section 6 or section 3, 4 or 8 of the Act of 1999 is to be found at a place specified in the information,

the judge may issue a warrant for the search of that place and any persons found at that place.

(2) A warrant issued under this section shall authorise a named member of the Garda Síochána, alone or accompanied by such other members of the Garda Síochána and such other persons as may be necessary—

(a) to enter, within 7 days from the date of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found there, and

(c) to seize anything found there, or anything found in the possession of a person present there at the time of the search, which that member reasonably believes to be evidence of or relating to an offence under section 6 or section 3, 4 or 8 of the Act of 1999.

(3) A member of the Garda Síochána acting in accordance with a warrant issued under this section may require any person found at the place where the search is carried out to give the member his or her name and address.

(4) Any person who—

(a) obstructs or attempts to obstruct any member of the Garda Síochána acting in accordance with a warrant issued under subsection (1),

(b) fails or refuses to comply with a requirement under this section, or

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both.

(5) A member of the Garda Síochána may arrest without warrant any person whom the member reasonably suspects of having committed an offence under subsection (4).

(6) In this section, ‘place’ includes any dwelling, any building or part of a building and any vehicle, vessel, structure or container used or intended to be used for the carriage of goods by road.”.

Section 5

Removal from the State of persons refused leave to land.

5.—(1) Subject to F1[section 3A of the Immigration Act 1999] and section 4 of the Criminal Justice (United Nations Convention against Torture) Act 2000, this section applies to—

(a) a non-national to whom leave to land has been refused under Article 5(2) of the Aliens Order 1946 (SR&O 1946 No. 395) (“the Order”),

(b) a non-national who has failed to comply with Article 5(1) of the Order,

(d) a non-national deemed to be a person to whom leave to land has been refused under the Order,

F2[(e) a non-national who has failed to comply with section 4(2) of the Immigration Act 2004,

(f) a non-national who has been refused a permission under section 4(3) of that Act,

(g) a non-national who is in the State in contravention of section 5(1) of that Act,

(h) a non-national who has landed in the State in contravention of section 6(1) of that Act,]

whom an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects has been unlawfully in the State for a continuous period of less than 3 months.

F3[(2) (a) Subject to paragraph (b), a person to whom this section applies may be arrested without warrant by an immigration officer or a member of the Garda Síochána, and a person so arrested may be taken to a place referred to in subparagraph (i) or (ii) and detained—

(i) under warrant of that officer or member in a prescribed place and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of that place, or

(ii) for the purposes of subsection (6) and for a period or periods each not exceeding 12 hours—

(I) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or

(II) within the port referred to in clause (I).]

(b) Paragraph (a) shall not apply to a person who is under the age of 18 years.

(c) If and for so long as the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of subsection (1) shall apply as if he or she had attained the age of 18 years.

(d) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in loco parentis or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the F4[Child and Family Agency] of the detention and of the circumstances thereof.

(3) (a) A person arrested and detained under this section may, subject to subsection (4), be detained only until such time (being as soon as practicable) as he or she is removed from the State in accordance with this section but, in any event, may not be detained for a period exceeding 8 weeks in aggregate.

(b) The following periods shall be excluded in reckoning a period for the purpose of paragraph (a):

(i) any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment,

(ii) any period spent by the person on board a ship, railway train, road vehicle or aircraft pursuant to this section, and

(iii) if the person has instituted court proceedings challenging the validity of his or her proposed removal from the State, any period spent by the person in a place of detention between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving thereof and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.

(4) Where a person detained under this section institutes court proceedings challenging the validity of his or her proposed removal from the State, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more of the following conditions:

(a) that the person reside or remain in a particular district or place in the State;

(b) that he or she report to a specified Garda Síochána station or immigration officer at specified intervals;

(5) A person to whom this section applies shall be removed by an immigration officer or a member of the Garda Síochána (at the option of the officer or member)—

(a) subject to paragraph (b), to the state where he or she last embarked (whether by land, sea or air) for the State, if known,

(b) where the person was refused leave to land in circumstances where he or she arrived at a port in the State for the purpose of passing through the State in order to travel to another state and either—

(i) the carrier who was to take the person to the country of destination refused to take the person on board, or

(ii) the authorities of the state of destination have refused the person entry into that state and have sent him or her back to the State,

to the state of the person’s original embarkation for the State,

(d) to the country of nationality of the person, so far as it appears to the immigration officer or the member of the Garda Síochána concerned, or

(e) to any country to which the person is guaranteed entry.

(6) A person arrested and detained under subsection (2) may be placed on a vehicle about to leave the State for a place referred to in subsection (5) by an immigration officer or a member of the Garda Síochána, and shall be deemed to be in lawful custody while so detained and until the vehicle leaves the State.

(7) The person in charge of a vehicle bound for a place referred to in subsection (5) shall, if so required by an immigration officer or a member of the Garda Síochána, receive a person to whom this section applies and his or her dependants, if any, on board such vehicle and afford him or her and his or her dependants proper accommodation and maintenance during the journey.

(8) A person to whom this section applies—

(a) shall not, by act or omission, obstruct or hinder an immigration officer or a member of the Garda Síochána engaged in the removal of a person from the State pursuant to this section,

(b) shall, for the purpose of facilitating his or her removal from the State, co-operate in any way necessary to enable an immigration officer or a member of the Garda Síochána engaged in the removal of the person to obtain a travel document, ticket or other document required for the purpose of such removal and, in particular, shall comply with any request from the immigration officer or, as the case may be, the member of the Garda Síochána to sign a document in that connection or to affix his or her fingerprints to such a document,

(c) shall not behave in a manner likely to endanger the safety of himself or herself or the safety of others in the course of his or her removal from the State.

(9) A person who contravenes subsection (8) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

(10) (a) This subsection applies where the identity of the carrier in whose vehicle a person to whom this section applies arrived in the State is known.

(b) An immigration officer or a member of the Garda Síochána may give a direction in writing in the prescribed form (or in a form to the like effect) to the carrier concerned to remove the person concerned, without delay, at no expense to the State, to a place referred to in subsection (5), and the carrier shall comply with any such direction.

(c) A direction under paragraph (b) may specify, at the option of the person giving the direction, that the carrier remove the person concerned by transporting him or her in a vehicle under his or her control or by arranging with another carrier for the removal of the person concerned.

(d) Where the carrier fails or is unable to comply without delay with a direction under paragraph (b), the immigration officer or member of the Garda Síochána concerned may make alternative arrangements for the removal of the person to a place referred to in subsection (5).

(e) Where alternative arrangements are made pursuant to paragraph (d), the costs incurred by the Minister in respect of the maintenance, detention or removal of the person concerned may be recovered from the carrier as a simple contract debt in any court of competent jurisdiction.

(11) A person who fails to comply with a direction under subsection (10) shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding five years or both.

(12) A member of the Garda Síochána may arrest without warrant any person whom the member suspects of having committed an offence under subsection (9) or (11).

(13) The following provisions of the Order are revoked:

(a) paragraphs (4) and (5) of Article 5,

(b) Article 6(3),

(d) the Fourth Schedule.

(14) Where, immediately before the commencement of subsection (13), a person was detained under Article 5 of the Order in a place specified in the Fourth Schedule to the Order, his or her detention in that place shall be regarded as authorised by virtue of this section and this Act shall apply accordingly, and any period of detention under that Article shall be included in reckoning a period for the purpose of subsection (3) (a).

Annotations

Amendments:

F1
Substituted (12.04.2019) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 96, S.I. No. 346 of 2019.

F2
Inserted (13.02.2004) by Immigration Act 2004 (1/2004), s. 16(8), commenced on enactment.

F3
Substituted (10.03.2016) by International Protection Act 2015 (66/2015), s. 80, S.I. No. 133 of 2016.

F4
Substituted (1.01.2014) by Child and Family Agency (40/2013), s. 97 and sch. 2 part 18 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E3
Places under subs. (2)(a) prescribed (3.02.2005) by Immigration Act 2003 (Removal Places of Detention) Regulations 2005 (S.I. No. 56 of 2005), reg. 3 and sch.

E4
Form under subs. (10)(b) prescribed (19.09.2003) by Immigration Act 2003 (Removal Direction) Regulations 2003 (S.I. No. 446 of 2003), reg. 2 and sch., in effect as per reg. 1(2).

E5
Previous affecting provision: subs. (2)(d) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 25 item 1, S.I. No. 887 of 2004; substituted as per F-note above.

E6
Previous affecting provision: places under subs. (2)(a) prescribed (19.09.2003) by Immigration Act 2003 (Removal Places of Detention) Regulations 2003 (S.I. No. 444 of 2003), reg. 2 and sch., in effect as per reg. 1(2); revoked (3.02.2005) by Immigration Act 2003 (Removal Places of Detention) Regulations 2005 (S.I. No. 56 of 2005), reg. 2.

Section 6

Offences by bodies corporate.

6.—(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of the person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Section 7
Amendment of Refugee Act 1996.

7.—The Refugee Act 1996 is hereby amended—

(a) in section 2, by the substitution of the following paragraph for paragraphs (c), (d) and (e):

“(c) there are serious grounds for considering that he or she—

(i) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(ii) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(iii) has been guilty of acts contrary to the purposes and principles of the United Nations.”,

(b) in section 7A (inserted by the Immigration Act 1999) by—

(i) the substitution in subsection (4)(a) of “2005” for “2001”,

(ii) the substitution in paragraph 1 of the Schedule of “15” for “14”, and

(iii) the insertion of the following paragraph after paragraph 3(g) of the Schedule:

“(gg) one shall be the chairperson of the Refugee Appeals Tribunal,”,

(i) the substitution in subsection (2) of the following paragraphs for paragraphs (a) and (b):

“(a) the date on which his or her application is transferred to a convention country pursuant to section 22 or to a safe third country (within the meaning of that section), or

(b) the date on which his or her application is withdrawn or deemed to be withdrawn under this section or section 11, or”,

(ii) the substitution of the following subsection for subsection (4A) (inserted by the Illegal Immigrants (Trafficking) Act 2000):

“(4A) (a) An applicant shall inform the Commissioner of his or her address and of any change of address as soon as possible.

(b) Where 5 working days have elapsed since the making of an application for a declaration and the applicant has not informed the Commissioner of his or her address, the application shall be deemed to be withdrawn.”,

(iii) the substitution of the following subsections for subsections (5) and (6):

“(5) (a) An immigration officer or an authorised person may, by notice in writing, require an applicant—

(i) to reside or remain in particular districts or places in the State, or

(ii) to report at specified intervals to an immigration officer or person or persons authorised by the Minister or member of the Garda Síochána specified in the notice,

and the applicant shall comply with the requirement.

(b) In this subsection ‘an authorised person’ means a person appointed by the Minister to be an authorised person for the purposes of this subsection.

(6) Upon application to the Minister in that behalf by the applicant concerned, the Minister may, as he or she thinks fit, direct the immigration officer or the authorised person concerned to withdraw the requirement concerned or to amend it in a specified manner.”,

(iv) the substitution in subsection (7) of “subsection (4), (4A) or (5)” for “subsection (4) or (5)”,

(v) by the insertion in subsection (8)(d) after “section 22” of “or a safe third country (within the meaning of that section)”,

(vi) the substitution in subsection (10)(b)(i) of “21 days” for “10 days”, and

(vii) the substitution in subsection (14)(a) of “21 days” for “10 days”,

(d) by the substitution of the following section for section 9A:

“

Powers of authorised officers and immigration officers.

9A.—(1) An authorised officer, a member of the Garda Síochána or an immigration officer may, for the purposes of this Act, take or cause to be taken the fingerprints of an applicant.

(2) Fingerprints shall not be taken under this section from a person under the age of 14 years except in the presence of a person who is—

(a) a parent or a person who is acting in loco parentis; or

(b) an officer of the health board or other person appointed by the health board under section 8(5)(b).

(3) The fingerprints of a person under the age of 14 years shall not be taken under this section without the prior approval—

(a) in the case of an authorised officer or an immigration officer who is not a member of the Garda Síochána, of the Minister or a person designated for that purpose by the Minister; or

(b) in the case of a member of the Garda Síochána, of his or her chief superintendent or a person designated for that purpose by his or her chief superintendent.

(4) If and for so long as the authorised officer, the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 14 years, the provisions of subsection (2) shall apply as if he or she had attained the age of 14 years.

(5) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) shall be deemed not to have made reasonable efforts to establish his or her true identity within the meaning of section 9(8)(c), and to have failed to comply with the requirements of section 11C.

(6) The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).

(7) Every fingerprint of an applicant taken pursuant to subsection (1) and every copy thereof shall, if not previously destroyed, be destroyed—

(b) in any other case, before the expiration of 10 years after the taking of such fingerprints.

(8) Information obtained pursuant to subsection (1) may be communicated to convention countries or a safe third country (within the meaning of section 22) as if it was information to which subsection (9) or, as may be appropriate, subsection (10) of that section relates.”,

(e) in section 11 (as amended by the Immigration Act 1999) by—

(i) the substitution of the following subsection for subsection (1):

“(1) Where an application is received by the Commissioner under section 8 and the application is not withdrawn or deemed to be withdrawn pursuant to this section or section 9 or 22, it shall be the function of the Commissioner to investigate the application for the purpose of ascertaining whether the applicant is a person in respect of whom a declaration should be given.”,

(ii) the substitution of the following subsection for subsection (2):

“(2) In a case to which subsection (1) applies, the Commissioner shall, for the purposes of that provision, direct an authorised officer or officers to interview the applicant concerned and the officer or officers shall comply with any such direction and furnish a report in writing in relation to the interview concerned to the Commissioner and an interview under this subsection shall, where necessary and possible, be conducted with the assistance of an interpreter.”,

(iii) the substitution of the following subsection for subsection (3):

“(3)(a) The applicant concerned, the High Commissioner or any other person concerned may make representations in writing to the Commissioner in relation to any matter relevant to an investigation by him or her under this section and the Commissioner shall take account of any such representations made before or during an interview under subsection (2).

(b) The High Commissioner may, whenever he or she so requests, be present at an interview under subsection (2).”,

(iv) the deletion of subsection (6) and (7),

(v) the substitution in subsection (8) of the following paragraphs for paragraphs (e) and (f):

“(e) the duty of the applicant to co-operate with the Commissioner and to furnish information relevant to his or her application for a declaration,

(f) the obligation of the applicant to comply with subsections (4), (4A) and (5) of section 9 and the possible consequences of non-compliance with that obligation including the possibility that his or her application for a declaration may be deemed to be withdrawn and that the Minister may refuse to give the applicant a declaration,

(g) the possible consequences of the failure of the applicant to attend an interview under this section.”,

(vi) by the substitution of the following subsections for subsection (9) (inserted by the Immigration Act 1999):

“(9) An applicant may withdraw his or her application for a declaration by sending notice of withdrawal to the Commissioner.

(10) Where an applicant does not attend for interview with an authorised officer under this section on the date and at the time fixed for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Commissioner with an explanation for the non-attendance which in the opinion of the Commissioner is reasonable in the circumstances, his or her application shall be deemed to be withdrawn.

(11) Where—

(a) it appears to the Commissioner that an applicant is failing in his or her duty to co-operate with the Commissioner or to furnish information relevant to his or her application for a declaration, or

(b) the Minister notifies the Commissioner that he or she is of opinion that the applicant is in breach of subsection (4)(a), (4A) or (5) of section 9,

the Commissioner shall send to the applicant a notice in writing inviting the applicant to indicate in writing (within 15 working days of the sending of the notice) whether he or she wishes to continue with his or her application and, if an applicant does not furnish an indication within the time specified in the notice, his or her application for a declaration shall be deemed to be withdrawn.

(12) The procedures to be followed in investigations under this section may be prescribed and different procedures may be prescribed for different classes of applications.”,

(f) by the insertion of the following sections after section 11:

“

Burden of proof.

11A.—(1) Where, at any time during the investigation of an application by the Commissioner under section 11, it appears to him or her that an applicant—

(a) is a national of, or has a right of residence in, a country standing designated by order under section 12(4) as a safe country of origin, or

(b) had lodged a prior application for asylum in another state party to the Geneva Convention,

then the applicant shall be presumed not to be a refugee unless he or she shows reasonable grounds for the contention that he or she is a refugee.

(2) Where an application is one to which section 22 applies, it shall be for the applicant to show that his or her application should be examined in the State.

(3) Where an applicant appeals against a recommendation of the Commissioner under section 13, it shall be for him or her to show that he or she is a refugee.

Credibility.

11B.—The Commissioner or the Tribunal, as the case may be, in assessing the credibility of an applicant for the purposes of the investigation of his or her application or the determination of an appeal in respect of his or her application, shall have regard to the following:

(a) whether the applicant possesses identity documents, and, if not, whether he or she has provided a reasonable explanation for the absence of such documents;

(b) whether the applicant has provided a reasonable explanation to substantiate his or her claim that the State is the first safe country in which he or she has arrived since departing from his or her country of origin or habitual residence;

(c) whether the applicant has provided a full and true explanation of how he or she travelled to and arrived in the State;

(d) where the application was made other than at the frontiers of the State, whether the applicant has provided a reasonable explanation to show why he or she did not claim asylum immediately on arriving at the frontiers of the State unless the application is grounded on events which have taken place since his or her arrival in the State;

(e) where the applicant has forged, destroyed or disposed of any identity or other documents relevant to his or her application, whether he or she has a reasonable explanation for so doing;

(f) whether the applicant has adduced manifestly false evidence in support of his or her application, or has otherwise made false representations, either orally or in writing;

(g) whether the applicant, without reasonable cause, having withdrawn his or her application and not having been refused a declaration under section 17, has made a subsequent application under section 8;

(h) whether the applicant, without reasonable cause, has made an application following the notification of a proposal under section 3(3)(a) of the Immigration Act 1999;

(i) whether the applicant has complied with the requirements of section 11C;

(j) whether the applicant has, without reasonable cause, failed to comply with the requirements of section 9(4)(a);

(k) whether the applicant has, without reasonable cause, failed to comply with the requirements of section 9(4A);

(l) whether the applicant has, without reasonable cause, failed to comply with the requirements of section 9(5);

(m) whether, in the case of an application to which section 16 applies, the applicant has furnished information in relation to the application which he or she could reasonably have furnished during the investigation of the application by the Commissioner but did not so furnish.

Duty to co-operate.

11C.—(1) It shall be the duty of an applicant to co-operate in the investigation of his or her application and in the determination of his or her appeal, if any.

(2) In compliance with subsection (1), an applicant shall furnish to the Commissioner or the Tribunal, as may be appropriate, as soon as reasonably practicable, all information in his or her possession, control or procurement relevant to his or her application.”,

(g) by the substitution of the following section for section 12:

“

Prioritisation of applications.

12.—(1) Subject to the need for fairness and efficiency in dealing with applications for a declaration under this Act, the Minister may, where he or she considers it necessary or expedient to do so, give a direction in writing to the Commissioner or the Tribunal or to both requiring either or both of them, as the case may be, to accord priority to certain classes of applications determined by reference to one or more of the following matters:

(a) the grounds of applications under section 8,

(b) the country of origin or habitual residence of applicants,

(d) the ages of applicants and, in particular, of persons under the age of 18 years in respect of whom applications are made,

(e) the dates on which applications were made,

(f) considerations of national security or public policy,

(g) the likelihood that the applications are well-founded,

(h) if there are special circumstances regarding the welfare of applicants or the welfare of family members of applicants,

(i) whether applications do not show on their face grounds for the contention that the applicant is a refugee,

(j) whether applicants have made false or misleading representations in relation to their applications,

(k) whether applicants had lodged prior applications for asylum in another country,

(l) whether applications under section 8 were made at the earliest opportunity after arrival in the State,

(m) whether applicants are nationals of or have a right of residence in a country of origin designated as safe under this section,

(n) if an applicant is a person to whom paragraph (a), (b) or (c) of section 2 applies.

(2) The Commissioner or the Tribunal shall comply with a direction given to him, her or it under this section.

(3) The Minister may be a direction revoke or alter a direction given by him or her under subsection (1).

(4) (a) The Minister may, after consultation with the Minister for Foreign Affairs, by order designate a country as a safe country of origin.

(b) In deciding whether to make an order under paragraph (a), the Minister shall have regard to the following matters:

(i) whether the country is a party to and generally complies with obligations under the Convention Against Torture, the International Covenant on Civil and Political Rights, and, where appropriate, the European Convention on Human Rights,

(ii) whether the country has a democratic political system and an independent judiciary,

(iii) whether the country is governed by the rule of law.

(5) In this section—

‘the Convention against Torture’ means the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by resolution 39/46 of the General Assembly of the United Nations on 10 December 1984;

‘the European Convention on Human Rights’ means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950;

‘the International Covenant on Civil and Political Rights’ means the International Covenant on Civil and Political Rights adopted by Resolution 2200A (XXI) of the General Assembly of the United Nations on 16 December 1966.”,

(h) by the substitution of the following section for section 13:

“

Recommendations and reports of Commissioner.

13.—(1) Where the Commissioner carries out an investigation under section 11 he or she shall, as soon as may be, prepare a report in writing of the results of the investigation and such report shall refer to the matters raised by the applicant in the interview under section 11 and to such other matters as the Commissioner considers appropriate and shall set out the findings of the Commissioner together with his or her recommendation whether the applicant concerned should or, as the case may be, should not be declared to be a refugee.

(2) Where an application for a declaration is withdrawn or deemed to be withdrawn pursuant to section 9 or 11, then—

(a) any investigation under section 11 shall be terminated,

(b) the report referred to in subsection (1) shall state that the application has been withdrawn or deemed to be withdrawn, as the case may be, and shall include a recommendation that the applicant concerned should not be declared to be a refugee, and

(3) The Commissioner shall, if so requested by the High Commissioner, notify him or her of the making of the recommendation under subsection (1).

(4) (a) The Commissioner shall send a copy of a report under subsection (1) to the applicant concerned, to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

(b) Where a report under subsection (1) (other than a report to which subsection (2) applies) includes a recommendation that the applicant should not be declared to be a refugee, the Commissioner shall, subject to subsections (5) and (8), send a notice in writing to the applicant stating that the applicant may appeal to the Tribunal under section 16 against the recommendation and may request an oral hearing within 15 working days from the sending of the notice.

(c) Where the applicant has not appealed against the recommendation referred to in paragraph (b) within 15 working days after the sending of a notice under that paragraph, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(d) Where a report under subsection (1) includes a recommendation that the applicant should be declared to be a refugee, the Commissioner shall, as soon as may be, furnish the report to the Minister.

(e) Where a report under subsection (1) includes a recommendation pursuant to subsection (2) that the applicant should not be declared to be a refugee, the Commissioner shall, as soon as may be, furnish the report to the Minister.

(5) Where a report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee and includes among the findings of the Commissioner any of the findings specified in subsection (6), then the following shall, subject to subsection (8), apply:

(a) the notice under paragraph (b) of subsection (4) shall, notwithstanding that subsection, state that the applicant may appeal to the Tribunal under section 16 against the recommendation within 10 working days from the sending of the notice, and that any such appeal will be determined without an oral hearing;

(b) notwithstanding paragraph (c) of subsection (4), where the applicant has not appealed against the recommendation within 10 working days after the sending of a notice under paragraph (b) of that subsection, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(6) The findings referred to in subsection (5) are—

(a) that the application showed either no basis or a minimal basis for the contention that the applicant is a refugee;

(b) that the applicant made statements or provided information in support of the application of such a false, contradictory, misleading or incomplete nature as to lead to the conclusion that the application is manifestly unfounded;

(c) that the applicant, without reasonable cause, failed to make an application as soon as reasonably practicable after arrival in the State;

(d) the applicant had lodged a prior application for asylum in another state party to the Geneva Convention (whether or not that application had been determined, granted or rejected); or

(e) the applicant is a national of, or has a right of residence in, a safe country of origin for the time being so designated by order under section 12(4).

(7) (a) The Minister may give a direction in writing to the Commissioner requiring him or her to investigate under section 11 such class of applications as may be specified in the direction in accordance with the procedures referred to in subsection (8) and the Commissioner shall comply with a direction given to him or her under this subsection.

(b) The Minister may by a direction revoke or alter a direction given by him or her under paragraph (a).

(8) Where an application referred to in subsection (7) has been investigated under section 11 and the relevant report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee and contains among the findings of the Commissioner any of the findings specified in subsection (6), then the following shall, subject to subsection (9), apply:

(a) the notice under paragraph (b) of subsection (4) shall, notwithstanding that subsection, state that the applicant may appeal to the Tribunal under section 16 against the recommendation within 4 working days from the sending of the notice, and that any such appeal will be determined without an oral hearing,

(b) notwithstanding paragraph (c) of subsection (4), where the applicant has not appealed against the recommendation within 4 working days after the sending of a notice under paragraph (b) of that subsection, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(9) (a) Where an application is to be investigated in accordance with the procedures referred to in subsection (8), the Commissioner shall notify the applicant accordingly in writing and shall send a copy of the notice to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

(b) Paragraphs (a) and (b) of subsection (8) shall not apply to such an application unless the applicant concerned and his or her solicitor (if known) have been notified in accordance with paragraph (a).

(10) Where a report under subsection (1) (other than a report to which subsection (2) applies) includes a recommendation that the applicant should not be declared to be a refugee, then, subject to subsection (11), the Commissioner shall furnish the applicant concerned and his or her solicitor (if known) and the High Commissioner, whenever so requested by him or her, with copies of any reports, documents or representations in writing submitted to the Commissioner under section 11 and an indication in writing of the nature and source of any other information relating to the application which has come to the notice of the Commissioner in the course of an investigation by him or her under that section.

(11) Where information has been supplied to the Commissioner, a Department of State or another branch or office of the public service by or on behalf of the government of another state in accordance with an undertaking (express or implied) that the information would be kept confidential, the information shall not, without the consent of the other state, be produced or further disclosed otherwise than in accordance with the undertaking.”,

(i) in section 16, by—

(i) the substitution of the following subsection for subsection (1):

“(1) The applicant may appeal in the prescribed manner against a recommendation of the Commissioner under section 13 (other than a recommendation pursuant to section 13(2)).”,

(ii) the substitution of the following subsection for subsection (2):

“(2) The Tribunal may—

(a) affirm a recommendation of the Commissioner, or

(b) set aside a recommendation of the Commissioner and recommend that the applicant should be declared to be a refugee.”,

(iii) the substitution of the following for subsection (2A) (inserted by the Immigration Act 1999):

“(2A) Where an applicant fails, without reasonable cause, to attend an oral hearing under subsection (10), then unless the applicant, not later than 3 working days from the date fixed for the oral hearing, furnishes the Tribunal with an explanation for not attending the hearing which the Tribunal considers reasonable in the circumstances his or her appeal shall be deemed to be withdrawn.

(2B) Where—

(a) it appears to the Tribunal that an applicant is failing in his or her duty to co-operate with the Commissioner or to furnish information relevant to his or her appeal, or

(b) the Minister notifies the Tribunal that he or she is of opinion that the applicant is in breach of subsection (4)(a), (4A) or (5) of section 9,

the Tribunal shall send to the applicant a notice in writing inviting the applicant to indicate in writing (within 15 working days of the sending of the notice) whether he or she wishes to continue with his or her appeal and, if an applicant does not furnish an indication within the time specified in the notice, his or her appeal shall be deemed to be withdrawn.”,

(iv) the substitution of the following subsection for subsection (3):

“(3) An appeal under this section shall be brought by notice in writing within the period specified in section 13(4)(b) or 13(5)(a) or 13(8)(a), as appropriate, and the notice shall specify the grounds of appeal and, except in a case to which section 13(5) or 13(8) applies, shall indicate whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.”,

(v) the deletion in subsection (5) of “or 12”,

(vi) the substitution of the following subsection for subsection 9:

“(9) (a) An applicant may withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal and the Tribunal shall, as soon as may be, notify the Minister and the Commissioner of the withdrawal.

(b) Where an appeal is deemed to be withdrawn pursuant to subsection (2A) or (2B), the Tribunal shall, as soon as may be, notify the applicant, his or her solicitor (if known), the Minister and the Commissioner of the withdrawal.”,

(vii) the deletion in subsection (16)(b) of “the recommendation of the Commissioner under section 12 or, as may be appropriate,”,

(viii) the insertion of the following subsection after subsection (16):

“(16A) The Tribunal shall affirm a recommendation of the Commissioner unless it is satisfied, having considered the matters referred to in subsection (16), that the applicant is a refugee.”,

(ix) the deletion in subsection (17)(b) of “(other than a decision of the Tribunal under subsection (2)(d))”, and

(x) the insertion of the following subsection after subsection (17):

“(18) The Tribunal shall ensure that an appeal against a recommendation of the Commissioner to which section 13(5) or 13(8) applies shall be dealt with as soon as may be and, if necessary, before any other application for a declaration.”,

(j) in section 17 (as amended by the Immigration Act 1999), by the insertion of the following subsection after subsection (1):

“(1A) Where an application is withdrawn or (other than pursuant to section 22) deemed to be withdrawn, or an appeal under section 16 is withdrawn or deemed to be withdrawn, the Minister shall refuse to give the applicant a declaration.”,

(k) in section 19, by—

(i) the substitution of the following subsection for subsection (2):

“(2) Subject to sections 9(15) and 26, no matter likely to lead members of the public to identify a person as an applicant under this Act shall be published in a written publication available to the public or be broadcast without the consent of that person.”,

and

(ii) by the insertion of the following subsection after subsection (4):

(4A) (a) The chairperson of the Tribunal may, at his or her discretion, decide not to publish (other than to the persons referred to in section 16(17)) a decision of the Tribunal which in his or her opinion is not of legal importance.

(b) Any decision published shall exclude any matters which would tend to identify a person as an applicant under the Act or otherwise breach the requirement that the identity of applicants be kept confidential.

(l) the substitution of the following section for section 22:

“Dublin Convention, agreements with safe third countries etc.

22.—(1) The Minister may make such orders as appear to him or her to be necessary or expedient for the purpose of giving effect to—

(a) the Dublin Convention,

(b) Council Regulation (EC) No. 343/20031,

(c) the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway done at Brussels on the 19th day of January 2001,

(d) any agreement of the kind referred to in subsection (5).

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) specify the circumstances and procedure by reference to which an application for asylum—

(i) shall be examined in the State,

(ii) shall be transferred to a convention country for examination or to a safe third country, or

(iii) shall be accepted for examination in the State pursuant to a request made by a convention country in which the application for asylum was lodged or pursuant to an agreement to which subsection (1)(d) refers,

and the powers referred to in this subsection shall be exercised by whichever of the persons mentioned in subsection (4)(a) is specified in the order,

(b) provide for an appeal against a determination to transfer an application for asylum to a convention country or a safe third country and for the procedure in relation to such an appeal,

(c) provide, where the order specifies that the making of an appeal shall not suspend the transfer of the application or of the applicant to the convention country or the safe third country, that such transfer is without prejudice to the appeal decision,

(d) require that an application for asylum shall not be investigated by the Commissioner until it has been decided whether a convention country is responsible for examining the application or whether the application should be transferred to a safe third country,

(e) require that an application for asylum which is being investigated by the Commissioner shall be transferred to a convention country for examination,

(f) provide that where an application has been transferred to a convention country for examination or to a safe third country the person concerned shall go to that convention country or to that safe third country,

(g) provide for the transit through the State of a person whose application for asylum has been transferred from a convention country to another convention country for examination,

(h) provide for the investigation of an application for asylum by the Commissioner notwithstanding that a convention country has responsibility for examining the application,

(i) specify the measures to be taken for the purpose of the removal of a person whose application has been transferred to a convention country or a safe third country from the State to that convention country or safe third country including, where necessary, the temporary detention or restraint of the person, and

(j) provide for the temporary detention (for a period not exceeding 48 hours) of a person who, having arrived in the State directly from a convention country or a safe third country, makes an application for asylum until a decision on the matters at paragraph (a) has been made.

(3) An order under this section may make provision for such consequential, incidental, ancillary and supplementary matters as the Minister considers necessary or expedient.

(4) (a) The persons referred to in subsection (2)(a) are the Minister, the Commissioner, and an immigration officer.

(b) The Tribunal shall consider and decide appeals under subsection (2)(b).

(5) (a) The Minister may, after consultation with the Minister for Foreign Affairs, by order designate a country as a safe third country (referred to in this section as “a safe third county”).

(b) In deciding whether to make an order under paragraph (a), the Minister shall have regard to the following matters:

(i) whether the country is party to and complies generally with its obligations under the Geneva Convention, the Convention against Torture (within the meaning of section 12) and the International Convenant on Civil and Political Rights (within the meaning aforesaid);

(ii) whether the country has a democratic political system and an independent judiciary;

(iii) whether the country is governed by the rule of law;

and that country and the State are parties to an agreement which contains provisions providing for—

(I) the prompt transfer to that country of an application for asylum made in the State by a person who has arrived from that country, and

(II) the prompt transfer to the State of an application for asylum made in that country by a person who has arrived in that country from the State.

(c) The Minister may, after consultation with the Minister for Foreign Affairs, by order amend or revoke an order under this subsection including an order under this paragraph.

(6) (a) The Minister for Foreign Affairs may by order designate the countries which are parties to the Dublin Convention or to the Agreement referred to in subsection (1)(c) or the countries to which the Council Regulation referred to in subsection (1)(b) applies.

(b) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph.

(7) The Minister may by order amend or revoke an order under this section (other than an order under subsection (6)) including an order under this subsection.

(8) Where an application has been transferred to a convention country for examination or to a safe third country, the application shall be deemed to be withdrawn.

(9) (a) The Minister shall, pursuant to Article 14 of the Dublin Convention or the corresponding provision of the agreement referred to in subsection (1)(c), communicate information to convention countries or to any relevant country pursuant to that agreement in relation to matters referred to in that Article.

(b) The Commissioner shall, pursuant to Article 15 of the Dublin Convention or the corresponding provision of the agreement referred to in subsection (1)(c), communicate information to convention countries or to any relevant country pursuant to that agreement in relation to matters referred to in that Article:

provided that information concerning the grounds on which a particular application for asylum is based or the grounds on which a decision concerning such an application is based shall not be communicated under this section without the prior consent of the person the subject of the application.

(10) The Minister and the Commissioner may communicate to a safe third country such information relating to an application for asylum or to the person making such application (including personal information) as may be necessary for giving effect to an agreement to which subsection (1)(d) refers:

(11) In this section, ‘an application for asylum’ means a request whereby a person seeks the protection of the State or a convention country or a safe third country by claiming refugee status under the Geneva Convention and includes an application for a declaration under this Act.”,

(m) in section 24, by the insertion of the following subsection after subsection (6):

“(7) (a) The Minister may, after consultation with the Minister for Foreign Affairs, enter into agreements with the High Commissioner for the reception and resettlement in the State of refugees.”,

(n) by the insertion after section 28 of the following section:

“Transitional.

28A.—(1) Where an application has been made under section 8 before the commencement of section 7 of the Immigration Act 2003—

(a) in case, before such commencement, the applicant has been interviewed under section 11, then, upon such commencement, this Act shall apply to the application as if the said section 7 had not been commenced,

(b) in any other case, then, upon such commencement, this Act, as amended by the said section 7, shall apply to the application.

(2) The Commissioner shall give or cause to be given to each applicant to whose application subsection (1)(b) applies, before he or she is interviewed under section 11, a statement in writing giving a short explanation of the amendments made by the said section 7.”,

(o) in the First Schedule (inserted by the Immigration Act 1999), by the insertion of the following paragraphs after paragraph 9:

“10. (1) Where the Commissioner is for any reason temporarily unable to act as the Commissioner or the office of the Commissioner is vacant, the Minister shall appoint a person to be the Commissioner for the duration of the inability or until an appointment is made in accordance with paragraph 1, as the case may be, and the person so appointed may perform all the functions conferred on the Commissioner by this Act.

(2) A person appointed under this paragraph shall hold office upon such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance.

11. The Commissioner may, if he or she considers it appropriate to do so in the interest of the fair and efficient discharge of the business of his or her office, determine the order in which different classes of such business shall be discharged having regard to the following matters:

(a) the grounds of the applications under section 8,

(b) the country of origin of the applicants,

(d) the ages of the applicants and, in particular, of persons under the age of 18 years in respect of whom applications are made,

(e) the dates on which applications were made.”,

(p) in the Second Schedule (inserted by the Immigration Act 1999), by—

(i) the substitution of the following for paragraph 8:

“8. (1) If a member of the Tribunal dies, resigns, becomes disqualified or is removed from office, the Minister may appoint another person to be a member of the Tribunal to fill the casual vacancy so occasioned and the person appointed shall be appointed in the same manner of the Tribunal member who occasioned the vacancy.

(2) Where the chairperson is for any reason temporarily unable to act as the chairperson, or the office of the chairperson is vacant, the Minister shall appoint a person to be the chairperson for the duration of the inability or until an appointment is made under paragraph 2, as appropriate, and the person so appointed may perform all the functions conferred on the chairperson by this Act.

(3) A person appointed under this paragraph shall hold office upon such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance.”,

and

(ii) the substitution of the following for paragraph 13:

“13. The chairperson shall assign to each division the business to be transacted by it.

14. The chairperson shall endeavour to ensure that the business of the Tribunal is managed efficiently and that the business assigned to each division is disposed of as expeditiously as may be consistent with fairness and natural justice.

15. The chairperson may, if he or she considers it appropriate to do so in the interest of the fair and efficient discharge of the business of the Tribunal, assign classes of business to each division having regard to the following matters:

(a) the grounds of the appeals set out in the notices of appeal,

(b) the country of origin of applicants,

(d) the ages of the applicants and, in particular, of persons under the age of 18 years in respect of whom applications are made,

(e) the provision of this Act pursuant to which the appeals are made.

16. The chairperson may delegate to a member of his or her staff his or her function of assigning to each division the business to be transacted by it.

17. The chairperson may from time to time issue guidelines or guidance notes generally on the practical application and operation of the provisions, or any particular provisions, of this Act and on developments in the law relating to refugees.

18. The chairperson may from time to time convene a meeting with a member or members of the Tribunal for the purpose of discussing matters relating to the discharge of the business of the Tribunal, including, in particular, such matters as the avoidance of undue divergences in the exercise by the members of their functions under section 16.

19. The chairperson shall, not later than 3 months after the end of each year, submit a report in writing to the Minister of his or her activities during that year and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

20. The chairperson may, if he or she considers it appropriate to do so, make a report in writing to the Minister in relation to any function performed by him or her under this Act or any matter relating to the operation of this Act.”.

1 Heading added according to the provisions of Protocol No. 11 (ETS No. 155).

Section 8
Exchange of information.

8.—(1) Notwithstanding any provision of any other enactment but subject to section 11(4) of the Refugee Act 1996 (“the Act of 1996”), whenever so requested, an information holder shall give to another information holder such information, including personal information, in his or her possession, control or procurement regarding non-nationals, including applicants within the meaning of the Act of 1996, for the purposes of that Act or for the purposes of the administration of the law relating to the entry into and the removal from the State of non-nationals.

(2) The Minister for Social and Family Affairs may, for the purposes of the Social Welfare Acts F5[or the Civil Registration Act 2004], request an information holder to furnish him or her with such information including, personal information, in his or her possession, control or procurement regarding non-nationals, including applicants within the meaning of the Act of 1996 and the information holder shall comply with any such request.

(3) Following the receipt of a request under subsection (1) or (2), the Minister, the Minister for Foreign Affairs, or a member of the Garda Síochána may withhold any information in his or her possession or control in the interest of national security or public policy (“ordre public”) or where the furnishing of the information would be likely to prejudice the prevention, detection or investigation of offences or the apprehension or prosecution of offenders.

(4) In this section “an information holder” means a Minister of the Government, a local authority (for the purposes of the Local Government Act 2001), F6[the Child and Family Agency,] the Garda Síochána or any other body established—

(a) by or under any enactment (other than the Companies Acts 1963 to 2001), or

(b) under the Companies Acts 1963 to 2001 in pursuance of powers conferred by or under any other enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

Annotations

Amendments:

F5
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 35, S.I. No. 357 of 2015.

F6
Substituted (1.01.2014) by Child and Family Agency 2013 (40/2013), s. 9 and, sch. 2 part 18 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E7
Previous affecting provision: subs. (4) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 25 item 2, S.I. No. 887 of 2004; substituted as per F-note above.

Section 9
Approved port.

9.—(1) The Minister may prescribe ports to be approved ports for non-nationals arriving in the State from places or specified places outside the State for the purposes of the Aliens Order 1946 (S.R. & O., No. 395 of 1946) (“the Order”).

(2) A reference in the Order to an approved port shall be construed as a reference to an approved port prescribed under this section.

(3) Article 6(2) of, and the First Schedule to, the Order are hereby revoked.

Annotations

Editorial Notes:

E8
Power pursuant to section exercised (19.09.2003) by Immigration Act 2003 (Approved Ports) Regulations 2003 (S.I. No. 445 of 2003), in effect as per reg. 1(2).

Section 10
Amendment of Illegal Immigrants (Trafficking) Act 2000.

10.—Section 5(1) of the Illegal Immigrants (Trafficking) Act 2000 is hereby amended by the substitution of the following paragraph for paragraph (d):

“(d) a refusal under Article 5 of the Aliens Order 1946 (S.R. and O. No. 395 of 1946),”.

Section 11

Regulations.

11.—(1) The Minister may—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed, and

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before both Houses of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E9
Power pursuant to section exercised (3.02.2005) by Immigration Act 2003 (Removal Places of Detention) Regulations 2005 (S.I. No. 56 of 2005).

E10
Power pursuant to section exercised (19.09.2003) by Immigration Act 2003 (Approved Ports) Regulations 2003 (S.I. No. 445 of 2003), in effect as per reg. 1(2).

E11
Power pursuant to section exercised (19.09.2003) by Immigration Act 2003 (Removal Direction) Regulations 2003 (S.I. No. 446 of 2003), in effect as per reg. 1(2).

E12
Power pursuant to section exercised (19.09.2003) by Immigration Act 2003 (Carrier Liability) Regulations 2003 (S.I. No. 447 of 2003), in effect as per reg. 1(2).

E13
Previous affecting provision: power pursuant to section exercised (19.09.2003) by Immigration Act 2003 (Removal Places of Detention) Regulations 2003 (S.I. No. 444 of 2003); revoked (3.02.2005) by Immigration Act 2003 (Removal Places of Detention) Regulations 2005 (S.I. No. 56 of 2005), reg. 2.

Section 12
Expenses.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Section 13
Short title and commencement.

13.—(1) This Act may be cited as the Immigration Act 2003.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

E14
Power pursuant to subs. (2) exercised (19.09.2003) by Immigration Act 2003 (Commencement) Order 2003 (S.I. No. 414 of 2003).

2. The 19th day of September 2003 is fixed as the day on which the Immigration Act 2003 (No. 26 of 2003) (other than sections 7 and 8 of that Act) shall come into operation.

E15
Power pursuant to subs. (2) exercised (15.09.2003) by Immigration Act 2003 (Section 7) (Commencement) Order 2003 (S.I. No. 415 of 2003).

2. The 15th day of September 2003 is fixed as the day on which section 7 of the Immigration Act 2003 (No. 26 of 2003) shall come into operation.

E16
Power pursuant to subs. (2) exercised (11.08.2003) by Immigration Act 2003 (Section 8 Commencement) Order 2003 (S.I. No. 363 of 2003).

2. The 11th day of August 2003 is fixed as the day on which section 8 of the Immigration Act 2003 (No. 26 of 2003) shall come into operation.

IMMIGRATION ACT 2004

REVISED

Updated to 12 September 2023

AN ACT TO MAKE PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE CONTROL OF ENTRY INTO THE STATE, THE DURATION AND CONDITIONS OF STAY IN THE STATE AND OBLIGATIONS WHILE IN THE STATE OF NON-NATIONALS AND TO PROVIDE FOR RELATED MATTERS. [13th February, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Section 1

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“the Act of 1996” means the Refugee Act 1996;

“the Act of 1999” means the Immigration Act 1999;

“embarking” includes departure by any form of conveyance and departure over a land frontier;

“Great Britain” includes the Channel Islands and the Isle of Man;

“immigration officer” shall be construed in accordance with section 3;

“keeper”, in relation to premises where accommodation is provided for reward, includes any person who for reward receives another person to lodge or sleep in the premises, either on his or her own behalf or as manager or otherwise on behalf of another person;

“landing” includes arrival or entry by any form of conveyance and includes entry over a land frontier, and references to landing include references to attempting to land;

“master of a ship” includes the pilot of an aircraft;

“member of a crew” means any person employed in the working or service of a ship;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“non-national” has the meaning assigned to it by the Act of 1999;

“passenger” means any person, other than a member of a crew, travelling or seeking to travel on board a ship, railway train or passenger road vehicle;

“passenger road vehicle” means a vehicle employed on a passenger road service which is licensed under the Road Transport Act 1932;

“permission” shall be construed in accordance with section 4;

“port” includes any place whether on a land or sea frontier where a person lands in or embarks from the State and includes an airport;

“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;

F1[…]

F2[“registration officer” shall be construed in accordance with section 9B;]

“residence” means a dwelling-place where a non-national ordinarily resides and, where a non-national has more than one dwelling-place, each of such dwelling-places; and “resident” shall be construed accordingly;

“seaman” means an officer or member of a crew;

“ship” includes aircraft.

(2) In this Act—

(b) a reference to a section or Schedule is a reference to a section of or a Schedule to this Act unless it is indicated that reference to some other enactment is intended,

Annotations

Amendments:

F1
Deleted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 28(a), S.I. No. 370 of 2022.

F2
Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 28(b), S.I. No. 370 of 2022.

F3
Inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4 and sch. 1 ref. 22(c), not commenced as of date of revision.

Editorial Notes:

E1
Previous affecting provision: subs. (1) amended by Employment Permits (Amendment) Act 2014 (26/2022), s. 35(a), not commenced; repealed (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 36(a), S.I. No. 370 of 2022.

E2
Previous affecting provision: subs. (1) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 22, not commenced; amended provision repealed and amendment to amended provision repealed (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 37, S.I. No. 370 of 2022.

Section 2

Application of Act.

2.—(1) This Act shall not apply to any of the following persons, that is to say:

(a) a person entitled in the State to privileges and immunities under section 5 of the Diplomatic Relations and Immunities Act 1967;

(b) a person entitled in the State to privileges and immunities under section 6 of that Act;

(c) a person entitled in the State to privileges and immunities under any other Act of the Oireachtas or any instrument made thereunder.

F4[(1A) Without prejudice to the generality of subsection (1), this Act shall not apply to the following persons:

(a) a member of the mission as defined in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act 1967, and a person who is a member of the family and forms part of the household of such a member,

(b) a private servant as defined in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act 1967, and a person who is a member of the family and forms part of the household of a private servant,

(c) a member of the consular post where that post is headed by a career consular officer, as defined in Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967, and a person who is a member of the family and forms part of the household of such a member,

(d) a member of the private staff as defined in Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967, and a person who is a member of the family and forms part of the household of such a member,

(e) a preclearance officer as defined in section 1 of the Aviation (Preclearance) Act 2009 and a dependant of a preclearance officer, and

(f) an official of an international organisation, community or body assigned to official duty in the State and a person who is a member of the family and forms part of the household of such an official,

where that person has been duly notified to, and that notification has not been objected to by, the Minister for Foreign Affairs and Trade.]

(2) Nothing in this Act shall derogate from—

(a) any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003,

(b) any act adopted by an institution of those Communities,

(d) F5[the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977)]

(e) F5[the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or]

F6[(f) the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ).]

(3) If, in any proceedings, whether civil or criminal, any question arises under or in relation to a provision of this Act, the Act of 1999 or the Immigration Act 2003 as to whether any person is or is not a non-national, or is or is not a non-national of a particular nationality or otherwise of a particular class, or is or is not a particular non-national specified in an order made under the Act of 1999, the onus of proving (as the case may require) that such person is not a non-national, or is not a non-national of a particular nationality or of a particular class, or is not such a particular non-national, shall lie on such person.

Annotations

Amendments:

F4
Inserted (13.12.2017) by Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017), s. 10, commenced on enactment.

F5
Substituted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 113(a), (b), S.I. No. 693 of 2020.

F6
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 113(c), S.I. No. 693 of 2020.

Section 3

Appointment of officers.

3.—(1) The Minister may appoint such and so many persons as he or she considers appropriate (referred to in this Act as “immigration officers”) to perform the functions conferred on immigration officers by this Act and every person so appointed shall hold office on such terms and conditions as may be determined by the Minister at the time of the appointment.

(2) The Minister may, with the consent of the Minister for Health and Children, appoint such and so many registered medical practitioners (referred to in this Act as “medical inspectors”) as he or she considers appropriate to perform the functions conferred on medical inspectors by this Act and every person so appointed shall hold office on such terms and conditions as may be determined by the Minister (with the consent of the Minister for Health and Children) at the time of the appointment.

(3) An immigration officer or a medical inspector appointed under this Act shall have power to enter or board any vessel, and to detain and examine any person arriving at or leaving any port in the State who is reasonably believed by the officer or inspector to be a non-national, and to require the production of a passport or other equivalent identity document by such person, and shall have such other powers and duties as are conferred upon him or her by this Act.

(4) A person appointed by the Minister to be an immigration officer before the commencement of this Act and who was acting as such an officer immediately before such commencement shall upon such commencement be deemed to have been appointed as an immigration officer under this section.

(5) A reference in any Act passed before the commencement of this section or in any instrument made under such an Act to an immigration officer shall be construed as a reference to an immigration officer appointed under this section and, accordingly, a function standing vested in an immigration officer immediately before such commencement under a provision of such an Act or instrument that continues in force after such commencement shall, upon such commencement, stand vested in, and may be performed by, such an officer.

(6) The Minister may revoke an appointment made or deemed to have been made under this section.

F7[(7) The terms and conditions referred to in subsection (1) may include terms and conditions relating to the period for which a person appointed under this section shall hold office.

(8) An immigration officer appointed under subsection (1) shall be furnished with a warrant of appointment and shall, when performing any function conferred on him or her by this Act, if requested by a person affected, produce the warrant of appointment or a copy of it to that person.]

Annotations

Amendments:

F7
Inserted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(a), S.I. No. 133 of 2016.

Section 4

Permission to land.

4.—(1) Subject to the provisions of this Act, an immigration officer may, on behalf of the Minister, give to a non-national a document, or place on his or her passport or other equivalent document an inscription, authorising the non-national to land or be in the State (referred to in this Act as “a permission”).

(2) A non-national coming by air or sea from a place outside the State shall, on arrival in the State, present himself or herself to an immigration officer and apply for a permission.

(3) Subject to section 2(2), an immigration officer may, on behalf of the Minister, refuse to give a permission to a person referred to in subsection (2) if the officer is satisfied—

(a) that the non-national is not in a position to support himself or herself and any accompanying dependants;

(b) that the non-national intends to take up employment in the State, but is not in possession of a valid employment permit (within the meaning of the Employment Permits Act 2003);

(d) that the non-national has been convicted (whether in the State or elsewhere) of an offence that may be punished under the law of the place of conviction by imprisonment for a period of one year or by a more severe penalty;

(e) that the non-national, not being exempt, by virtue of an order under section 17, from the requirement to have an Irish visa, is not the holder of a valid Irish visa;

(f) that the non-national is the subject of—

(i) a deportation order (within the meaning of the Act of 1999),

(ii) an exclusion order (within the meaning of that Act), or

(iii) a determination by the Minister that it is conducive to the public good that he or she remain outside the State;

(g) that the non-national is not in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality;

(h) that the non-national—

(i) intends to travel (whether immediately or not) to Great Britain or Northern Ireland, and

(ii) would not qualify for admission to Great Britain or Northern Ireland if he or she arrived there from a place other than the State;

(i) that the non-national, having arrived in the State in the course of employment as a seaman, has remained in the State without the leave of an immigration officer after the departure of the ship in which he or she so arrived;

(j) that the non-national’s entry into, or presence in, the State could pose a threat to national security or be contrary to public policy;

(k) that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the F8[non-national;]

F9[(l) that the non-national—

(i) is a person to whom leave to enter or leave to remain in a territory (other than the State) of the Common Travel Area (within the meaning of the International Protection Act 2015) applied at any time during the period of 12 months immediately preceding his or her application, in accordance with subsection (2), for a permission,

(ii) travelled to the State from any such territory, and

(iii) entered the State for the purpose of extending his or her stay in the said Common Travel Area regardless of whether or not the person intends to make an application for international protection.]

(4) An immigration officer who pursuant to subsection (3) refuses to give a permission to a non-national shall as soon as may be inform the non-national in writing of the grounds for the refusal.

(5) (a) An immigration officer may, on behalf of the Minister, examine a non-national arriving in the State otherwise than by sea or air (referred to subsequently in this subsection as “a non-national to whom this subsection applies”) for the purpose of determining whether he or she should be given a permission and the provisions of subsections (3), (4) and (6) shall apply with any necessary modifications in the case of a person so examined as they apply in the case of a person coming by sea or air from a place outside the State.

(b) A non-national to whom this subsection applies and who is not exempt, by virtue of an order under section 17, from the requirement to have an Irish visa shall have a valid Irish visa.

(c) A non-national to whom this subsection applies and who is arriving in the State to engage in employment, business or a profession in the State shall within 7 days of entering the State—

(i) report in person to F10[a registration officer,]

(ii) produce to the officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality, and

(iii) furnish such information as the officer may reasonably require regarding the purpose of his or her arrival in the State.

(d) A non-national to whom this subsection applies shall not remain in the State for longer than one month without the permission of the Minister given in writing by him or her or on his or her behalf by an immigration officer.

(6) An immigration officer may, on behalf of the Minister, by a notice in writing to a non-national, or an inscription placed on his or her passport or other equivalent document, attach to a permission under this section such conditions as to duration of stay and engagement in employment, business or a profession in the State as he or she may think fit, and may by such a notice or inscription at any time amend such conditions as aforesaid in such manner as he or she may think fit, and the non-national shall comply with any such conditions.

(7) A permission under this section may be renewed or varied by the Minister, or by an immigration officer on his or her behalf, F8[whether or not an application is made by the non-national concerned].

(8) A non-national, being a member of a class of persons declared by order under section 17 to require a transit visa to enter the State, shall have a valid transit visa.

(9) A non-national who contravenes subsection (2), paragraph (b), (c) or (d) of subsection (5) or subsection (6) or (8) is guilty of an offence.

(10) In performing his or her functions under subsection (6), an immigration officer shall have regard to all of the circumstances of the non-national concerned known to the officer or represented to the officer by him or her and, in particular, but without prejudice to the generality of the foregoing, to the following matters:

(a) the stated purpose of the proposed visit to the State,

(b) the intended duration of the stay in the State,

(d) his or her income, earning capacity and other financial resources,

(e) the financial needs, obligations and responsibilities which he or she has or is likely to have in the foreseeable future,

(f) whether he or she is likely to comply with any proposed conditions as to duration of stay and engagement in employment, business or profession in the State,

(g) any entitlements of him or her to enter the State under the Act of 1996 or the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003.

Annotations

Amendments:

F8
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 47(a), (b), S.I. No. 389 of 2023.

F9
Inserted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(b), S.I. No. 133 of 2016.

F10
Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 29, S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

Editorial Notes:

E3
Certain permissions to remain deemed to be permissions under section (31.12.2016) by International Protection Act 2015 (66/2015), ss. 49(11), 50(5), S.I. No. 663 of 2016.

Section 5

Presence in State of non-nationals.

5.—(1) No non-national may be in the State other than in accordance with the terms of any permission given to him or her before the passing of this Act, or a permission F11[given to him or her] after such passing, by or on behalf of the Minister.

(2) A non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

(3) This section does not apply to—

(a) a person whose application for asylum under the Act of 1996 is under consideration by the Minister,

(b) a refugee who is the holder of a declaration (within the meaning of that Act) which is in force,

(d) a programme refugee within the meaning of section 24 of that Act.

Annotations

Amendments:

F11
Substituted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(c), S.I. No. 133 of 2016.

Section 6

Approved port.

6.—(1) A non-national (other than a seaman) coming by sea or air from outside the State shall not, without the consent of the Minister, land elsewhere than at an approved port.

(2) F12[…]

(3) A non-national who lands in the State in contravention of this section shall be deemed to be a non-national who has been refused a permission.

(4) A non-national who lands in the State in contravention of this section shall be guilty of an offence.

F13[(5) The Minister may by order designate a port to be an approved port for the purposes of this section and a reference in this section to an approved port is a reference to a port that stands designated under this subsection.

(6) The designation under subsection (5) of a port as an approved port may be subject to such conditions as are specified in the order, which may include conditions obliging the person having the management and control of the approved port to—

(a) provide, free of charge, such accommodation and other facilities as the Minister may require for the performance by persons of functions conferred on them by this Act and any other enactment relating to the entry by persons into the State, and

(b) maintain the accommodation and other facilities in a manner that is compatible with the efficient performance of those functions.

(7) Before deciding to impose a condition under subsection (6), the Minister shall consult the person referred to in that subsection.

(8) Where the Minister is satisfied that a condition imposed under subsection (6) has, without reasonable cause, been breached, he or she may, in accordance with this section, revoke the designation under subsection (5) of the port concerned as an approved port.

(9) Where the Minister proposes to revoke the designation of a port as an approved port, he or she shall give the person having management and control of the approved port a notice—

(a) informing the person of the proposal and of the reasons for it, and

(b) inviting the person to submit, within such time as is specified in the notice, representations in relation to the proposal.

(10) The Minister, in deciding whether to revoke a designation, shall have regard to representations (if any) made under subsection (9)(b).

(11) Where the Minister revokes a designation under this section, the person having management and control of the port concerned may appeal to the District Court in the District Court district in which the port is located, against the revocation.

(12) A person who operates a port or other place that is not an approved port shall be guilty of an offence if he or she—

(a) represents the port or other place to be an approved port,

(b) knowingly facilitates the landing in the State at that port or other place by another person so that the other person thereby commits an offence under subsection (4), or

(c) knowing that another person has committed an offence under subsection (4) at that port or other place, fails to report the circumstances to an immigration officer.]

Annotations

Amendments:

F12
Deleted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(d)(i), S.I. No. 133 of 2016.

F13
Inserted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(d)(ii), S.I. No. 133 of 2016.

Editorial Notes:

E4
Previous affecting provision: power pursuant to subs. (2) and s. 20 exercised (13.02.2004) by Immigration Act 2004 (Approved Ports) Regulations 2004 (S.I. No. 57 of 2004); this instrument remains in force under s. 20.

Section 7

Examination and detention of non-nationals.

7.—(1) The master of any ship arriving at a port in the State may detain on board any non-national coming in the ship from a place outside the State until the non-national is examined or landed for examination under this section, and shall, on the request of an immigration officer, so detain any such non-national, whether seaman or passenger, whose application for a permission has been refused by an immigration officer, and any such non-national so detained shall be deemed to be in lawful custody.

(2) The master of a ship who fails to comply with a request of an immigration officer under subsection (1) shall be guilty of an offence.

(3) (a) Any non-national landing or embarking at any place in the State shall, on being required so to do by an immigration officer or a member of the Garda Síochána, make a declaration as to whether or not he or she is carrying or conveying any documents and, if so required, shall produce them to the officer or member.

(b) The officer or member may search any such non-national and any luggage belonging to him or her or under his or her control with a view to ascertaining whether the non-national is carrying or conveying any documents and may examine and detain, for such time as he or she may think proper for the purpose of such examination, any documents so produced or found on the search.

(i) any written matter,

(ii) any photograph,

(iii) any currency notes or counterfeit currency notes,

(iv) any information in non-legible form that is capable of being converted into legible form, or

(v) any audio or video recording.

(4) A non-national who contravenes subsection (3) shall be guilty of an offence.

Section 8

Notices to be displayed on ships, railway trains and passenger road vehicles.

8.—(1) The master of any ship and the person in charge of any railway train or passenger road vehicle bringing passengers into the State shall display in such ship, railway train or passenger road vehicle in such manner as the Minister may from time to time direct such notice of the provisions of this Act and of any directions given thereunder as the Minister may from time to time direct.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

Section 9

Obligation of non-nationals to register.

9.—(1) (a) A register of non-nationals who have permission to be in the State shall be established and maintained by registration officers in such manner as the Minister may direct.

(b) The register may be in a form that is not legible if it is capable of being converted into a legible form.

F14[(2) Subject to section 2(2), a non-national shall comply with the following requirements as to registration:

(a) he or she shall, as soon as may be, furnish to a registration officer the particulars set out in the Second Schedule, and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality;

(b) he or she shall furnish to a registration officer particulars of any matter affecting in any manner the accuracy of the particulars previously furnished by him or her for the purpose of registration, within 7 days after the matter has occurred, and generally shall furnish to a registration officer all information (including, where required by the registration officer, a recent photograph of him or her) that may be necessary for maintaining the accuracy of the register;

(i) if about to change his or her residence, furnish to a registration officer particulars as to the date on which his or her residence is to be changed and as to his or her intended residence, and

(ii) on effecting any change of residence, within 48 hours of his or her change of residence, furnish to a registration officer particulars as to his or her current residence, if these particulars have not already been furnished by him or her under subparagraph (i);

(d) if at any time he or she is absent from his or her residence for a continuous period exceeding one month, he or she shall furnish to a registration officer particulars of his or her current address and every subsequent change of address, and inform a registration officer of his or her return to his or her residence;

(e) he or she shall, on the request of a registration officer made for the purpose of compliance by a registration officer with subsection (4A)(b), produce his or her registration certificate to a registration officer.]

F14[(3) If a non-national has no residence in the State, he or she shall, so far as possible, furnish to a registration officer the particulars that would be required under this section if he or she had a residence in the State, and also, if he or she is about to change his or her address, furnish to a registration officer particulars as to the date on which his or her address is to be changed and as to his or her intended address.]

(4) If a non-national who is required under this section to register or report is lodging with, or living as a member of the household of, any other person, it shall be the duty of that person to take reasonable steps (F14[either by informing a registration officer] of the presence of the non-national in his or her household or otherwise) to secure compliance with the terms of this Act in respect of the registration of or reporting by the non-national.

F15[(4A) Subject to section 19(3), a registration officer shall issue to a non‑national a registration certificate—

(a) on registration of the non-national, and

(b) where the entry in the register relating to the registration of the non-national is altered or added to, if the registration officer is of the opinion that the making of a corresponding alteration or addition to the non-national’s registration certificate is necessary to ensure the accuracy of the certificate.]

(5) A registration certificate shall be in such form and contain such particulars as may be prescribed.

(6) This section shall not apply to—

(a) a non-national who is under the age of 16 years;

(b) a non-national who was born in Ireland;

(c) a non-national not resident in the State who has been in the State for a period of not more than 3 months since the date of his or her last arrival in the State;

(d) a non-national seaman not resident in the State whose ship remains at a port in the State and who does not land in the State for discharge.

(7) A person who before the commencement of this Act obtained a registration certificate from a registration officer shall be deemed until the date on which the certificate is expressed to expire to have complied with the requirements of this section.

F15[(7A) (a) A person who is required under subsection (2), (3) or (4) to furnish, produce or provide particulars, information or a document to a registration officer may comply with the requirement concerned by furnishing, producing or providing the particulars, information or document, or a copy of the document, as the case may be, by such electronic means and in such manner as may be specified by the Minister under paragraph (b).

(b) The Minister may, for the purposes of paragraph (a), specify the electronic means by which, and the manner in which, particulars, information or a document to which the paragraph applies may be furnished, produced or provided.

(c) The Minister shall publish, on a website maintained by the Minister or the Government, the details of any matter specified by him or her for the purposes of paragraph (a).]

(8) A F14[person] who contravenes subsection (2), (3) or (4) shall be guilty of an offence.

(9) In this section, “register” means the register maintained under subsection (1) and cognate words shall be construed accordingly.

Annotations

Amendments:

F14
Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 30(a), (b), (c), (f), S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

F15
Inserted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 30(d), (e), S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

F16
Deleted by Employment Permits (Amendment) Act 2014 (26/2014), s. 35(b), not commenced as of date of revision.

Modifications (not altering text):

C1
Prospective affecting provision: subs. (6)(a) deleted by Employment Permits (Amendment) Act 2014 (26/2014), s. 35(b), not commenced as of date of revision.

(a) F16[…]

Editorial Notes:

E5
Fee under section may be waived (19.11.2012) in accordance with Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), reg. 4(a), in effect as per reg. 1(2).

E6
Power pursuant to subs. (5) exercised (16.08.2008) by Immigration Act 2004 (Registration Certificate) (Amendment) Regulations 2008 (S.I. No. 340 of 2008), in effect as per reg. 2.

E7
Power pursuant to subs. (5) exercised (8.03.2004) by Immigration Act 2004 (Registration Certificate) Regulations 2004 (S.I. No. 95 of 2004).

E8
Previous affecting provision: subss. (2)(e), (3) substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 22, not commenced; repealed (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 37, S.I. No. 370 of 2022.

E9
Previous affecting provision: fee under section may be waived (27.05.2006) in accordance with Immigration Act 2004 (Registration Certificate Fee) Regulations 2006 (S.I. No. 253 of 2006), reg. 4, in effect as per reg. 1(2); revoked (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), reg. 5, in effect as per reg. 1(2).

Section 9A
F17[Registration districts and registration officers

9A.— …]

Annotations

Amendments:

F17
Inserted by Emplopyment Permits (Amendment) Act 2014 (26/2014), s. 35(c), not commenced; repealed (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 36(a), S.I. No. 370 of 2022.

Section 9B
F18[

Registration officers

9B.—(1) The Minister may appoint such and so many persons as he or she considers appropriate (referred to in this Act as “registration officers”), being—

(a) members of the Garda Síochána not below the rank of superintendent, or

(b) officers of the Minister not below the rank or grade of Assistant Principal Officer,

to perform the functions conferred on registration officers by this Act and any other enactment.

(2) A registration officer may delegate his or her functions (other than the power of delegation under this subsection) under this Act or any other enactment to—

(a) in the case of a registration officer to whom subsection (1)(a) applies, such member or members of the Garda Síochána as the registration officer may specify, or

(b) in the case of a registration officer to whom subsection (1)(b) applies, such officer or officers of the Minister as the registration officer may specify.

(3) Where a function of a registration officer is delegated under this section—

(a) the registration officer who delegated the function may—

(i) continue to perform that function, and

(ii) vary or revoke the delegation,

and

(b) a reference to a registration officer in the enactment conferring the function on the registration officer shall, in relation to the function, be construed as including a reference to the person to whom the function is delegated.

(4) A person who, immediately before the date on which section 31 of the Civil Law (Miscellaneous Provisions) Act 2022 comes into operation, was a registration officer under this Act, shall, on and from that date, be deemed to be a registration officer appointed under this section.

(5) The Minister may revoke an appointment under this section.

(6) In this section, “enactment” has the same meaning as it has in section 2 (1) of the Interpretation Act 2005.]

Annotations

Amendments:

F18
Inserted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 31, S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

Section 10

Hotel registers.

10.—(1) It shall be the duty of the keeper of every premises to which this section applies to keep in the premises a register in the prescribed form of all non-nationals staying at the premises.

(2) The Minister may make regulations in relation to the following matters:

(a) the duties of keepers of premises to which this section applies and of persons staying at such premises in relation to the making of entries in a register,

(b) the maintenance of a register,

(d) the period for which a register is to be kept.

(3) A register shall be produced by a keeper to a member of the Garda Síochána or an immigration officer if so requested by the member or officer.

(4) A person who contravenes subsection (1) or a provision of regulations under this section that is stated in the regulations to be a penal provision shall be guilty of an offence.

(5) This section applies to a hotel or other place in which lodging or sleeping accommodation is provided on a commercial basis.

Section 11
F19[

Requirements as to documents of identity and supply of information.

11.— (1) Every person (other than a person under the age of 16 years) landing in the State shall be in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality.

(2) Every person landing in or embarking from the State shall furnish to an immigration officer, when requested to do so by that officer—

(a) the passport or other equivalent document referred to in subsection (1), and

(b) such information in such manner as the immigration officer may reasonably require for the purposes of the performance of his or her functions.

(3) (a) A person who contravenes this section shall be guilty of an offence.

(b) In proceedings brought against a person for an offence under this section, it shall be a defence for the person to prove that, at the time of the alleged offence, he or she had reasonable cause for not complying with the requirements of this section to which the offence relates.

(4) This section does not apply to any person (other than a non-national) coming from, or embarking for, a place in the State, Great Britain or Northern Ireland.

F20[(5) In this section and section 12—

“non-national” means a person who is not—

(a) an Irish citizen,

(b) a citizen of the United Kingdom of Great Britain and Northern Ireland, or

(c) a person who has established a right to enter and be present in the State under the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977), the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997) or the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015);

“United Kingdom of Great Britain and Northern Ireland” includes the Channel Islands and the Isle of Man and “citizen of the United Kingdom of Great Britain and Northern Ireland” shall be construed accordingly.]]

Annotations

Amendments:

F19
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 34(a), commenced on enactment.

F20
Substituted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 114, S.I. No. 693 of 2020.

Section 12
F21[

Requirements as to production of documents.

12.— (1) Every non-national present in the State (other than a non-national under the age of 16 years) shall produce on demand—

(a) a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality, and

(b) in case he or she is registered or deemed to be registered under this Act, his or her registration certificate.

(2) (a) A non-national who contravenes this section shall be guilty of an offence.

(3) In this section “on demand” means on demand made at any time by the Minister, any immigration officer or a member of the Garda Síochána, for the purposes of establishing that the presence in the State of the non-national concerned is not in contravention of section 5.]

Annotations

Amendments:

F21
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 34(b), commenced on enactment.

Editorial Notes:

E10
Certain letters deemed to be registration certificates for purposes of section (14.11.2013) by European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), reg. 4(6), in effect as per reg. 1(2).

E11
Declared unconstitutional: the original section was declared unconstitutional (25.03.2011) in Dokie v DPP (Garda Morley) & Ors [2010] IEHC 110. This was remedied (2.08.2011) as per F-Note above.

Section 13

Offences and power of arrest without warrant.

13.—(1) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) A member of the Garda Síochána may arrest without warrant a person whom he or she reasonably suspects to have committed an offence under this Act (other than section 10) or section 2(1) of the Employment Permits Act 2003.

Section 14
F22[

Provision for particular non-nationals.

14.— (1) The Minister, an immigration officer or a member of the Garda Síochána may, by notice in writing, require a non-national who does not have permission to be in the State to comply with any or all of the following conditions:

(a) that he or she reside or remain in a particular district or place in the State;

(b) that he or she report at specified intervals to—

(i) an officer of the Minister, an immigration officer or a member of the Garda Síochána specified in the notice, or

(ii) F23[a registration officer];

(c) where, and only for so long as, it is reasonably necessary to facilitate his or her removal from the State in accordance with any enactment or other law, that he or she surrender his or her passport and any other travel document that he or she holds,

and the non-national shall comply with the requirement.

(2) A non-national who contravenes this section shall be guilty of an offence.

(3) Where a non-national who is complying with a notice under subsection (1)(c), as a result of that compliance, fails to comply with the requirements of section 12(1) (as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011)—

(a) his or her compliance with the notice shall constitute reasonable cause for the purposes of section 12(2)(b), and

(b) in proceedings referred to in section 12(2)(b), a certificate signed by the Minister, an immigration officer or a member of the Garda Síochána stating that the non-national concerned was, at the time of the alleged offence under section 12, in compliance with the notice, shall, in the absence of evidence to the contrary, be proof of that fact.

(4) In this section, “enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b).]

Annotations

Amendments:

F22
Substituted (13.11.2014) by Employment Permits (Amendment) Act 2014 (26/2014), s. 35(d), S.I. No. 522 of 2014.

F23
Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 32, S.I. No. 370 of 2022, subject to transitional provision in s. 40.

F24
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5(1) and sch. 3 ref. no. 5, not commenced as of date of revision.

Modifications (not altering text):

C2
Prospective affecting provision: subs. (1)(a) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5(1) and sch. 3 ref. no. 5, not commenced as of date of revision.

(a) that he or she reside or remain in a particular F24[area] or place in the State;

Section 15

Entry, search and seizure.

15.—(1) Where, on the sworn information of a member of the Garda Síochána not below the rank of sergeant, a judge of the District Court is satisfied that—

(a) it is reasonably necessary for the purpose of the enforcement of this Act that a place specified in the information should be searched by members of the Garda Síochána, or

(b) there are reasonable grounds for suspecting that evidence of or relating to an offence under this Act is to be found at a place specified in the information,

the judge may issue a warrant for the search of that place and any persons found at that place.

(a) to enter, within 7 days from the date of the warrant and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search that place and any persons found there, and

(4) Any person who—

(a) obstructs or attempts to obstruct any member of the Garda Síochána acting in accordance with a warrant issued under subsection (1),

(b) fails or refuses to comply with a requirement under this section, or

shall be guilty of an offence.

(5) In this section, “place” includes any dwelling, any building or part of a building and any vehicle, vessel, structure or container used or intended to be used for the carriage of goods by road.

Section 16

Amendment of certain enactments.

16.—(1) Section 16A (inserted by section 6 of the Irish Nationality and Citizenship Act 2001) of the Irish Nationality and Citizenship Act 1956 is amended—

(a) by the insertion, in subsection (1)(b)(i), after “the Aliens Act, 1935,”, of “or the Immigration Act 2004”, and

(b) by the substitution, in subsection (1)(b)(ii), for “that Act” of “those Acts”.

(2) Section 7 of the Air Navigation and Transport (Preinspection) Act 1986 is amended, in subsections (1) and (2), by the substitution, for “the Aliens Act, 1935,”, of “the Aliens Act 1935, the Immigration Act 2004”.

(3) Subsection (4)(a)(ii)(IV) (inserted by section 13 of the Social Welfare (Miscellaneous Provisions) Act 2003) of section 179 of the Social Welfare (Consolidation) Act 1993 is amended by the addition of “or the Immigration Act 2004”.

(4) Section 9(3) of the Act of 1996 is amended by the substitution of the following paragraph for paragraph (c):

“(c) A certificate shall be deemed to be a registration certificate for the purposes of section 12 of the Immigration Act 2004 and a person who is the holder of a certificate that is in force shall be deemed to have complied with section 9 of that Act.”.

(5) Section 6(1)(b) (as amended by section 10(c)(i) of the Illegal Immigrants (Trafficking) Act 2000) of the Act of 1999 is amended by the insertion before “, or to the Refugee Applications Commissioner” of “or section 9 of the Immigration Act 2004”.

(6) Section 5(1) of the Illegal Immigrants (Trafficking) Act 2000 is amended by the insertion of the following paragraph after paragraph (d):

“(dd) a refusal under section 4 of the Immigration Act 2004,”.

(7) Section 24 of the Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the addition to paragraph (o) of the definition of “instrument” of “or the Immigration Act 2004,”.

(8) Section 5(1) of the Immigration Act 2003 is amended by the addition of the following paragraphs after paragraph (d):

“(e) a non-national who has failed to comply with section 4(2) of the Immigration Act 2004,

(f) a non-national who has been refused a permission under section 4(3) of that Act,

(g) a non-national who is in the State in contravention of section 5(1) of that Act,

(h) a non-national who has landed in the State in contravention of section 6(1) of that Act,”.

Section 17

Visa orders.

17.—(1) The Minister may, for the purposes of ensuring the integrity of the immigration system, the maintenance of national security, public order or public health or the orderly regulation of the labour market or for the purposes of reciprocal immigration arrangements with other states or the promotion of tourism, by order declare—

(a) that members of specified classes of non-nationals are not required to be in possession of a valid Irish visa within the meaning of the Immigration Act 2003 when landing in the State, or

(b) that members of specified classes of non-nationals are required to be in possession of a valid Irish transit visa within the meaning of that Act.

(2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

Annotations

Editorial Notes:

E12
Power pursuant to section exercised (12.09.2023) by Immigration Act 2004 (Visas) (Amendment) Order 2023 (S.I. No. 442 of 2023), in effect as per reg. 1(2).

E13
Power pursuant to section exercised (26.11.2022) by Immigration Act 2004 (Visas) (Amendment) (No. 3) Order 2022 (S.I. No. 533 of 2022), in effect as per reg. 2.

E14
Power pursuant to section exercised (19.07.2022) by Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2022 (S.I. No. 364 of 2022).

E15
Power pursuant to section exercised (25.02.2022) by Immigration Act 2004 (Visas) (Amendment) Order 2022 (S.I. No. 86 of 2022).

E16
Power pursuant to section exercised (22.12.2021) by Immigration Act 2004 (Visas) (Amendment) (No. 6) Order 2021 (S.I. No. 746 of 2021), in effect as per art. 2.

E17
Power pursuant to section exercised (30.11.2021) by Immigration Act 2004 (Visas) (Amendment) (No. 5) Order 2021 (S.I. No. 643 of 2021), in effect as per art. 2.

E18
Power pursuant to section exercised (27.11.2021) by Immigration Act 2004 (Visas) (Amendment) (No. 4) Order 2021 (S.I. No. 640 of 2021), in effect as per art. 2.

E19
Power pursuant to section exercised (16.06.2021, 31.10.2021) by Immigration Act 2004 (Visas) (Amendment) (No. 3) Order 2021 (S.I. No. 538 of 2021), in effect as per art. 2(a), (b).

E20
Power pursuant to section exercised (16.06.2021) by Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2021 (S.I. No. 287 of 2021), in effect as per art. 1(2).

E21
Power pursuant to section exercised (28.01.2021) by Immigration Act 2004 (Visas) (Amendment) Order 2021 (S.I. No. 23 of 2021), in effect as per art. 1(2).

E22
Power pursuant to section exercised (31.12.2020 at 11 p.m.) by Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2020 (S.I. No. 729 of 2020), in effect as per art. 1(2).

E23
Power pursuant to section exercised (10.07.2020) by Immigration Act 2004 (Visa) (Amendment) Order 2020 (S.I. No. 262 of 2020), in effect as per art. 1(2).

E24
Power pursuant to section exercised (31.01.2018) by Immigration Act 2004 (Visas) (Amendment) Order 2018 (S.I. No. 17 of 2018), in effect as per art. 1(2).

E25
Power pursuant to section exercised (9.06.2017) by Immigration Act 2004 (Visas) (Amendment) Order 2017 (S.I. No. 264 of 2017), in effect as per art. 1(2).

E26
Power pursuant to section exercised (26.09.2016) by Immigration Act 2004 (Visas) (Amendment) Order 2016 (S.I. No. 502 of 2016), in effect as per art. 1(2).

E27
Power pursuant to section exercised (30.11.2015) by Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2015 (S.I. No. 513 of 2015), in effect as per art. 1(2).

E28
Power pursuant to section exercised (9.05.2015) by Immigration Act 2004 (Visas) (Amendment) Order 2015 (S.I. No. 175 of 2015), in effect as per art. 1(2).

E29
Power pursuant to section exercised (13.10.2014) by Immigration Act 2004 (Visas) Order 2014 (S.I. No. 473 of 2014), in effect as per art. 1(2).

E30
Power pursuant to section exercised (24.06.2014) by Immigration Act 2004 (Visas) (Amendment) Order 2014 (S.I. No. 195 of 2014), in effect as per art. 1(2).

E31
Power pursuant to section exercised (18.11.2013) by Immigration Act 2004 (Visas) (Amendment) Order 2013 (S.I. No. 428 of 2013), in effect as per art. 1(2).

E32
Previous affecting provision: power pursuant to section exercised (1.11.2012) by Immigration Act 2004 (Visas) Order 2012 (S.I. No. 417 of 2012), in effect as per art. 1(2); revoked (13.10.2014) by Immigration Act 2004 (Visas) Order 2014 (S.I. No. 473 of 2014), art. 5, in effect as per art. 1(2).

E33
Previous affecting provision: power pursuant to section exercised (1.07.2011) by Immigration Act 2004 (Visas) (No. 2) Order 2011 (S.I. No. 345 of 2011), in effect as per art. 1(2); revoked (1.11.2012) by Immigration Act 2004 (Visas) Order 2012 (S.I. No. 417 of 2012), art. 5, in effect as per art. 1(2).

E34
Previous affecting provision: power pursuant to section exercised (25.04.2011) by Immigration Act 2004 (Visas) Order 2011 (S.I. No. 146 of 2011), in effect as per art. 1(2); revoked (1.07.2011) by Immigration Act 2004 (Visas) (No. 2) Order 2011 (S.I. No. 345 of 2011), art. 5, in effect as per art. 1(2).

E35
Previous affecting provision: power pursuant to section exercised (1.01.2010) by Immigration Act 2004 (Visas) (No. 2) Order 2009 (S.I. No. 453 of 2009), in effect as per art. 1(2); revoked (25.04.2011) by Immigration Act 2004 (Visas) Order 2011 (S.I. No. 146 of 2011), art. 5, in effect as per art. 1(2).

E36
Previous affecting provision: power pursuant to section exercised (1.07.2009) by Immigration Act 2004 (Visas) Order 2009 (S.I. No. 239 of 2009), in effect as per art. 1(2); revoked (1.01.2010) by Immigration Act 2004 (Visas) (No. 2) Order 2009 (S.I. No. 453 of 2009), art. 5, in effect as per art. 1(2).

E37
Previous affecting provision: power pursuant to section exercised (1.01.2007) by Immigration Act 2004 (Visas) (No. 2) Order 2006 (S.I. No. 657 of 2006), in effect as per art. 1(2); revoked (1.07.2009) by Immigration Act 2004 (Visas) Order 2009 (S.I. No. 239 of 2009), art. 5, in effect as per art. 1(2).

E38
Previous affecting provision: power pursuant to section exercised (2.05.2006) by Immigration Act 2004 (Visas) Order 2006 (S.I. No. 227 of 2006), in effect as per art. 1(2); revoked (01.01.2007) by Immigration Act 2004 (Visas) (No. 2) Order 2006 (S.I. No. 657 of 2006), art. 5, in effect as per art. 1(2).

E39
Previous affecting provision: power pursuant to section exercised (1.08.2005) by Immigration Act 2004 (Visas) Order 2005 (S.I. No. 363 of 2005), in effect as per art. 1(2); revoked (2.05.2006) by Immigration Act 2004 (Visas) Order 2006 (S.I. No. 227 of 2006), art. 5, in effect as per art. 1(2).

E40
Previous affecting provision: power pursuant to section exercised (13.02.2004) by Immigration Act 2004 (Visas) Order 2004 (S.I. No. 56 of 2004); revoked (1.08.2005) by Immigration Act 2004 (Visas) Order 2005 (S.I. No. 363 of 2005), art. 5, in effect as per art. 1(2), in effect as per art. 1(2).

Section 17A
F25[

Application for visa: taking of fingerprints

17A.—(1) The Minister or an immigration officer, where he or she considers it necessary for the purpose of ensuring the integrity of the immigration system or the operation of an arrangement relating to the Common Travel Area, may take or cause to be taken the fingerprints of a person for the purpose of the person’s application for an Irish visa or an Irish transit visa.

(2) The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).

(3) In this section—

“arrangement relating to the Common Travel Area” has the meaning assigned to it by section 20 of the International Protection Act 2015;

“Irish visa” and “Irish transit visa” have the meanings assigned to them by the Immigration Act 2003.]

Annotations

Amendments:

F25
Inserted (12.04.2019) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 97, S.I. No. 346 of 2019.

Editorial Notes:

E41
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 18

Service of notices.

18.—(1) Where a notice is required or authorised by or under this Act to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in some one of the following ways:

(a) by delivering it to him or F26[her,]

(b) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her to F27[a registration officer pursuant to section 9, or to the Minister pursuant to section 16 (3)(c) of the International Protection Act 2015], as the case may be or, in a case in which an address for service has been furnished, F26[at that address, or]

F28[(c) by sending it by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.]

F28[(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—

(a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or

(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.]

F26[(2) Where a notice has been sent to a person in accordance with—

(a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

F28[(3) In this section, “electronic interface” means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.]

Annotations

Amendments:

F26
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 48(a)(i), (ii), (c), S.I. No. 389 of 2023.

F27
Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 33, S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

F28
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 48(a)(iii), (b), (c), S.I. No. 389 of 2023.

Section 19
F29[

Fees.

19.—(1) (a) There shall be paid to the Minister by the non-national concerned in respect of the making of an application for, or the giving of, a permission, or both, such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.

(b) There shall be paid to the registration officer concerned by the non-national concerned in respect of the issue of a registration certificate such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.

(c) There shall be paid to the Minister by the non-national concerned in respect of the issue of a travel document such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.

(2) The Minister may refuse to—

(a) consider an application for a permission,

(b) give a permission, or

if the appropriate fee, prescribed under paragraph (a) or (c) of subsection (1), has not been paid.

(3) The registration officer concerned may refuse to issue a registration certificate if the appropriate fee, prescribed under subsection (1)(b), has not been paid.

(4) A fee payable under this section may be recovered by the person to whom it is payable from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(5) Regulations under subsection (1)(a) may prescribe different fees to be paid in different circumstances or in respect of different permissions (including permissions to which different conditions are attached under section 4(6)).

F30[(5A) Regulations under subsection (1)(b) may prescribe different fees to be paid in different circumstances.]

(6) Regulations under this section may provide for the waiver in specified circumstances of any prescribed fees, including fees payable by—

(a) adult persons unable without undue hardship to arrange for their payment for themselves and their dependants,

(b) applicants within the meaning of the Act of 1996, and

(7) In this section, “travel document” means a document (other than a document to which section 4(1) of the Refugee Act 1996 refers) issued solely for the purpose of providing the holder with a document which can serve in lieu of a national passport.]

Annotations

Amendments:

F29
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 34(c), commenced on enactment.

F30
Inserted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 34, S.I. No. 370 of 2022.

Modifications (not altering text):

C3
Functions under subs. (1) transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3, sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

…

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

…

No. 1 of 2004

Immigration Act 2004

Section 19(1)

…

Editorial Notes:

E42
Power pursuant to section exercised (14.12.2022) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2022 (S.I. No. 667 of 2022).

E43
Power pursuant to section exercised (29.07.2021) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2021 (S.I. No. 403 of 2021).

E44
Power pursuant to section exercised (29.06.2017) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2017 (S.I. No. 277 of 2017).

E45
Power pursuant to section exercised (19.01.2017) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017).

E46
Power pursuant to section exercised (1.04.2015) by Immigration Act 2004 (Student Probationary Extension) (Giving of Permission) (Fee) Regulations 2015 (S.I. No. 133 of 2015), in effect as per reg. 1(2).

E47
Power pursuant to section exercised (24.07.2013) by Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013 (S.I. No. 324 of 2013).

E48
Power pursuant to section exercised (19.11.2012) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), in effect as per reg. 1(2).

E49
Power pursuant to section exercised (18.07.2012) by Immigration Act 2004 (Start-Up Entrepreneur Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 259 of 2012).

E50
Power pursuant to section exercised (1.08.2011) by Immigration Act 2004 (Travel Document Fee) Regulations 2011 (S.I. No. 403 of 2011), in effect as per reg. 2.

E51
Power pursuant to subs. (1)(a) exercised (7.09.2009) by Long Term Residency (Fees) Regulations 2009 (S.I. No. 287 of 2009), in effect as per reg. 2(2).

E52
Previous affecting provision: power pursuant to section exercised (18.07.2012) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 258 of 2012); revoked (19.01.2017) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017), reg. 4.

E53
Previous affecting provision: power pursuant to section exercised (30.06.2011) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011), in effect as per reg. 1(2); revoked (19.11.2012) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), reg. 5, in effect as per reg. 1(2).

E54
Previous affecting provision: power pursuant to section exercised (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), in effect as per reg. 1(2); revoked (30.06.2011) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011), reg. 5, in effect as per reg. 1(2).

E55
Previous affecting provision: power pursuant to section exercised (27.05.2006) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2006 (S.I. No. 253 of 2006), in effect as per reg. 1(2); revoked (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), reg. 5, in effect as per reg. 1(2).

Section 20

Regulations and orders.

20.—(1) The Minister may—

(a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed, and

(b) in addition to any other power conferred on him or her by this Act to make regulations, make regulations generally for the purpose of giving full effect to this Act.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E56
Power pursuant to section exercised (14.12.2022) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2022 (S.I. No. 667 of 2022).

E57
Power pursuant to section exercised (29.07.2021) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2021 (S.I. No. 403 of 2021).

E58
Power pursuant to section exercised (29.06.2017) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2017 (S.I. No. 277 of 2017).

E59
Power pursuant to section exercised (19.01.2017) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017).

E60
Power pursuant to section exercised (1.04.2015) by Immigration Act 2004 (Student Probationary Extension) (Giving of Permission) (Fee) Regulations 2015 (S.I. No. 133 of 2015), in effect as per reg. 1(2).

E61
Power pursuant to section exercised (24.07.2013) by Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013 (S.I. No. 324 of 2013).

E62
Power pursuant to section exercised (19.11.2012) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), in effect as per reg. 1(2).

E63
Power pursuant to section exercised (18.07.2012) by Immigration Act 2004 (Start-Up Entrepreneur Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 259 of 2012).

E64
Power pursuant to section exercised (1.08.2011) by Immigration Act 2004 (Travel Document Fee) Regulations 2011 (S.I. No. 403 of 2011), in effect as per reg. 2.

E65
Power pursuant to section exercised (7.09.2009) by Long Term Residency (Fees) Regulations 2009 (S.I. No. 287 of 2009), in effect as per reg. 2(2).

E66
Power pursuant to section exercised (16.08.2008) by Immigration Act 2004 (Registration Certificate) (Amendment) Regulations 2008 (S.I. No. 340 of 2008), in effect as per reg. 2.

E67
Power pursuant to section exercised (13.02.2004) by Immigration Act 2004 (Approved Ports) Regulations 2004 (S.I. No. 57 of 2004).

E68
Power pursuant to section exercised (8.03.2004) by Immigration Act 2004 (Registration Certificate) Regulations 2004 (S.I. No. 95 of 2004).

E69
Previous affecting provision: power pursuant to section exercised (18.07.2012) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 258 of 2012); revoked (19.01.2017) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017), reg. 4.

E70
Previous affecting provision: power pursuant to section exercised (30.06.2011) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011), in effect as per reg. 1(2); revoked (19.11.2012) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), reg. 5, in effect as per reg. 1(2).

E71
Previous affecting provision: power pursuant to section exercised (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), in effect as per reg. 1(2); revoked (30.06.2011) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011), reg. 5, in effect as per reg. 1(2).

E72
Previous affecting provision: power pursuant to section exercised (27.05.2006) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2006 (S.I. No. 253 of 2006), in effect as per reg. 1(2); revoked (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), reg. 5, in effect as per reg. 1(2).

Section 21
Expenses.

21.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Section 22
Short title.

22.—This Act may be cited as the Immigration Act 2004.

Schedule 1
FIRST SCHEDULE

Conditions referred to in section 4(3)(c)

Section 4.

1. Diseases subject to the International Health Regulations for the time being adopted by the World Health Assembly of the World Health Organisation.

2. Tuberculosis of the respiratory system in an active state or showing a tendency to develop.

3. Syphilis.

4. Other infectious or contagious parasitic diseases in respect of which special provisions are in operation to prevent the spread of such diseases from abroad.

5. Drug addiction.

6. Profound mental disturbance, that is to say, manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion.

Schedule 2
SECOND SCHEDULE

Particulars to be furnished on registration

Section 9.

1. Name in full and sex.

2. Present nationality and how and when acquired and previous nationality (if any).

3. Date and place of birth.

4. Profession or occupation.

5. Date, place and mode of arrival in the State.

6. Address of residence in the State.

7. Address of last residence outside the State.

8. Photograph of the non-national (which, if not furnished by the non-national, may be taken by F31[a registration officer].

9. If in government service, the service concerned, nature and duration of service, and rank and appointments held.

10. Particulars of passport or other document establishing nationality and identity.

11. Signature (which, if required, shall be in the characters of the language of the non-national’s nationality) and fingerprints if required by F31[a registration officer].

12. Any other matter of which particulars are required by F31[a registration officer].

ALIENS ACT, 1935.

AN ACT TO PROVIDE FOR THE CONTROL OF ALIENS AND FOR OTHER MATTERS RELATING TO ALIENS. [10th April, 1935.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions generally.

1.—In this Act—

the expression “the Minister” means the Minister for Justice; the word “prescribed” means prescribed by regulations made by the Minister under this Act.

Definition of “alien”.

2.—In this Act the word “alien” means a person who is not a citizen of Saorstát Eireann.

Rights of aliens in relation to property.

3.—(1) Real and personal property of every description in Saorstát Eireann or subject to the law of Saorstát Eireann may be taken, acquired, held, and disposed of by an alien in the like manner and to the like extent as such property may be taken, acquired, held, or disposed of by a citizen of Saorstát Eireann.

(2) A title to real or personal property of any description in Saorstát Eireann or subject to the law of Saorstát Eireann may be derived through, from, or in succession to an alien in the like manner and to the like extent in all respects as such property may be derived through, from, or in succession to a citizen of Saorstát Eireann.

(3) Nothing in this section shall operate—

(a) to qualify an alien for any office or for any municipal, parliamentary, or other franchise for which he would not be qualified if this section had not been enacted, or

(b) to qualify an alien to be the owner of a ship or of any share in a ship registered in Saorstát Eireann, or

(d) to qualify any alien for any right or privilege conferred by an Act of the Oireachtas (whether passed before or after this Act) on any class or group of persons, whether defined as citizens or as nationals of Saorstát Eireann or in any other manner whatsoever, of which such alien is not a member at the relevant time.

Subjection of aliens to the law of Saorstát Eireann.

4.—An alien shall be amenable to and triable under the law of Saorstát Eireann in the like manner and to the like extent in all respects as a citizen of Saorstát Eireann.

Control of aliens.

5.—(1) The Minister may, if and whenever he thinks proper, do by order (in this Act referred to as an aliens order) all or any of the following things in respect either of all aliens or of aliens of a particular nationality or otherwise of a particular class, or of particular aliens, that is to say:—

(a) prohibit the aliens to whom the order relates from landing in or entering into Saorstát Eireann;

(b) impose on such aliens restrictions and conditions in respect of landing in or entering into Saorstát Eireann, including limiting such landing or entering to particular places or prohibiting such landing or entering at particular places;

(c) prohibit such aliens from leaving Saorstát Eireann and for that purpose prohibit such aliens from embarking on ships or aircraft in Saorstát Eireann;

(d) impose on such aliens restrictions and conditions in respect of leaving Saorstát Eireann including limiting such leaving to particular places or particular means of travelling or prohibiting such leaving from particular places or by particular means of travelling;

(e) make provision for the exclusion or the deportation and exclusion of such aliens from Saorstát Eireann and provide for and authorise the making by the Minister of orders for that purpose;

(f) require such aliens to reside or remain in particular districts or places in Saorstát Eireann;

(g) prohibit such aliens from residing or remaining in particular districts or places in Saorstát Eireann;

(h) require such aliens to comply, while in Saorstát Eireann, with particular provisions as to registration, change of abode, travelling, employment, occupation, and other like matters.

(2) An aliens order may contain provisions for all or any of the following purposes, that is to say:—

(a) imposing such obligations and restrictions on the masters of ships entering or leaving Saorstát Eireann, the pilots or other persons in charge of aircraft entering or leaving Saorstát Eireann, railway companies whose railway lines cross the land frontier of Saorstát Eireann, and the drivers or other persons in charge of road vehicles entering or leaving Saorstát Eireann as may, in the opinion of the Minister, be necessary for giving full effect to or securing compliance with such order;

(b) conferring on the Minister and on officers of the Minister, officers of customs and excise and the military and police forces of the State all such powers (including powers of arrest and detention) as are, in the opinion of the Minister, necessary for giving full effect to or enforcing compliance with such order;

(d) in the case of an aliens order which provides for the exclusion or the deportation and exclusion of aliens, continuing the operation of such order and every order made thereunder notwithstanding any change in the nationality of the aliens or the alien to which such order or the order made thereunder relates;

(e) requiring hotelkeepers and innkeepers and other persons providing for reward on premises owned or occupied by them lodging or sleeping accommodation to keep registers of persons lodging or sleeping in such hotel, inn, or premises and to permit officers of the Minister and members of the police forces of the State to inspect and take copies of or extracts from such registers.

(3) If in any proceedings, whether civil or criminal, any question arises under or in relation to an aliens order or an order made under an aliens order whether any person is or is not an alien, or is or is not an alien of a particular nationality or otherwise of a particular class, or is or is not a particular alien specified in such order, the onus of proving (as the case may require) that such person is not an alien, or is not an alien of a particular nationality or of a particular class, or is not such particular alien, shall lie on such person.

(4) An aliens order shall not apply to any of the following persons, that is to say:—

(a) the head of any diplomatic mission duly accredited to Saorstát Eireann, the members of the household of such head, and every member of the diplomatic staff of such mission whose appointment as such has been officially notified to the Minister for External Affairs or is otherwise entitled to diplomatic immunities and the spouse and child of such member;

(b) the consul-general and any consul or vice-consul in Saorstát Eireann of any other country and the spouse and child of such consul-general, consul or vice-consul;

(c) any person to whom neither of the preceding paragraphs of this sub-section applies who is declared by an order made by the Minister for External Affairs to be an official representative in Saorstát Eireann of the Government of another country.

(5) An alien who is ordinarily resident in Saorstát Eireann and has been so resident for a period (whether partly before and partly after the passing of this Act or wholly after such passing) of not less than five years and is for the time being employed in Saorstát Eireann or engaged in business or the practice of a profession in Saorstát Eireann shall not be deported from Saorstát Eireann under an aliens order or an order made under an aliens order unless—

(a) such alien has served or is serving a term of penal servitude or of imprisonment inflicted on him by a Court in Saorstát Eireann, or

(b) the deportation of such alien has been recommended by a Court in Saorstát Eireann before which such alien was indicted for or charged with any crime or offence, or

(6) Every order made under the Aliens Restriction Acts, 1914 and 1919, and in force at the date of the passing of this Act may be amended or revoked by an aliens order, and until so revoked, and subject to any such amendment, shall continue in force and be deemed to have been made under this Act, and shall be an aliens order within the meaning of this Act.

(7) The Minister may, at any time, by order revoke or amend an aliens order previously made.

(8) Every aliens order and every order revoking or amending an aliens order shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after such order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(9) Whenever an order made under an aliens order is made in respect of aliens of a particular class, such order shall be published in the Iris Oifigiúil as soon as may be after it is made.

Contravention of aliens order.

6.—(1) Every person who does any act, whether of commission or omission, which is a contravention of any provision of an aliens order made or deemed to have been made under this Act or of an order made under an aliens order shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months, and the Court, before which such person is so convicted, may, either in addition to or in lieu of any such fine or imprisonment, order such person to enter into recognizances, either with or without sureties, binding such person to comply with the provisions or any of the provisions of such order.

(2) Every person who fails to comply with an order of the Court, made under the foregoing sub-section of this section, requiring him to enter into recognizances, shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or at the discretion of the Court to imprisonment for any term not exceeding six months.

Search warrants.

7.—(1) Whenever a Justice of the District Court is satisfied, on the information on oath of an officer of the Gárda Síochána not below the rank of superintendent, that it is reasonably necessary, for the purposes of the enforcement of an aliens order or an order made under an aliens order, that any particular land, building, premises, or other place should be searched by members of the Gárda Síochána, such Justice may issue to such officer such search warrant as is mentioned in this section.

(2) A search warrant issued by a Justice of the District Court under this section shall be expressed and shall operate to authorise a named member of the Gárda Síochána not below the rank of inspector accompanied by such other members of the Gárda Síochána as he shall think proper, at any time within forty-eight hours after the issue of such search warrant, and if needs be by force, to enter and search the land, building, premises, or place specified in such search warrant and to search and interrogate and to arrest all or any persons or person found in such place.

Restrictions on change of name by aliens.

8.—(1) Save if and so far as may be authorised by a licence issued under this Act, it shall not be lawful for any alien of or over the age of twenty-one years to assume or use or purport to assume or use or to continue the assumption or use after the appointed day of any name other than the name by which he was ordinarily and usually known on whichever of the following days is the later, that is to say, the 6th day of December, 1922, or the day before the date on which he attained the age of twenty-one years.

(2) Save if and so far as may be authorised by a licence issued under this Act, it shall not be lawful for an alien to carry on or continue to carry on after the appointed day either alone or in partnership with another person or other persons any trade or business under any name or style other than the name or style under which such trade or business was or is carried on—

(a) where such alien began or begins to carry on, either alone or in partnership with another person or persons, such trade or business before the appointed day (whether before or after the passing of this Act), on whichever of the following days was or is the later, that is to say, the 6th day of December, 1922, or the day on which he began or begins so to carry on such trade or business, or

(b) where such alien begins so to carry on such trade or business on or after the appointed day, the day on which he so begins to carry on such trade or business.

(3) In the case of a trade or business carried on by two or more persons in partnership under a style or name which is substantially a combination of the respective names of such persons, no change in such style or name which is made in consequence of and substantially corresponds to a change in the membership of such partnership shall be a change of such style or name for the purposes of the next preceding sub-section of this section.

(4) In the case of a woman, neither the assumption on her marriage of the surname of her husband nor the use of that surname after her marriage shall be a contravention of this section.

(5) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and a further fine not exceeding one pound for every day on which the offence is continued.

(6) The Minister may by order appoint a day, not earlier than three months after the date of such order, to be the appointed day for the purpose of this section and the next following section, and in this section and the said next following section the expression “the appointed day” means the day so appointed:

Licences for change of name by aliens.

9.—(1) An alien who desires—

(a) to continue to use after the appointed day a name which he is prohibited by the next preceding section of this Act from so continuing to use, or

(b) to assume or use after the appointed day a name which he is prohibited by the next preceding section of this Act from so assuming or using, or

(c) to carry on or continue to carry on, after the appointed day, a trade or business (either alone or in partnership with another person or other persons) under a style or name under which he is prohibited by the next preceding section of this Act from so continuing to carry on such business,

may apply in the prescribed form and manner to the Minister, either before or after the appointed day, for a licence, as the case may be, to continue to use such name, or to assume and use such name, or to carry on or continue to carry on such trade or business under such style or name.

(2) The Minister may, at his absolute discretion, either issue or refuse to issue a licence applied for under this section, and, if he issues any such licence, may attach thereto such conditions as he shall think proper and shall specify therein.

(3) A licence issued under this section shall be expressed and shall operate to authorise the licensee named therein either, as the ease may require, to continue to use a specified name, or to assume and use a specified name, or to continue to carry on a specified trade or business under a specified style or name or to carry on a specified trade or business under a specified style, as on and from the date of such licence or any later date specified therein and, in any case, subject to such conditions as shall be specified in such licence.

(4) There shall be charged and paid on the issue of every licence under this section such fee as the Minister may, with the consent of the Minister for Finance, prescribe.

(5) All fees payable in respect of licences issued under this section shall be collected and taken in such manner as the Minister for Finance shall, from time to time, direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(6) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.

(7) The Minister may, at any time at his absolute discretion, revoke a licence issued by him under this section.

(8) As soon as may be after the issue or the revocation of a licence issued under this section, the Minister shall publish in the Iris Oifigiúil notice of the fact of the issue or the revocation (as the case may be) of such licence together with such particulars of such licence as the Minister shall think proper for the purpose, in the case of the issue of a licence, of indicating the person or the trade or business in respect of which such licence is issued and the general purport of such licence or, in the case of the revocation of a licence, of identifying the licence which is revoked.

Power to exempt citizens of certain countries from application of provisions of Act, etc.

10.—(1) The Executive Council may by order exempt from the application of any provision or provisions of this Act, or of any aliens order, the citizens, subjects or nationals of any country in respect of which the Executive Council are satisfied that, having regard to all the circumstances and in particular the laws of such country in relation to immigrants, it is proper that the exemption mentioned in such order should be granted.

(2) Every order made by the Executive Council under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(3) The Executive Council may, at any time, by order, revoke any order previously made by them under this section.

Regulations.

11.—(1) The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount of a fee without the consent of the Minister for Finance.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Prosecution of offences.

12.—Every offence under any section or sub-section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Expenses.

13.—All expenses incurred by the Minister in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

14.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Short title.

15.—This Act may be cited as the Aliens Act, 1935.

SCHEDULE.

Enactments Repealed.

Session and Chapter

Short Title

Extent of Repeal

4 & 5 Geo. V, c. 12.

Aliens Restriction Act, 1914.

The whole Act.

9 & 10 Geo. V, c. 92.

Aliens Restriction (Amendment) Act, 1919.

The whole Act so far as unrepealed.

S.I. No. 55/2005 –

Immigration Act 1999 (Deportation) Regulations 2005

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STATUTORY INSTRUMENTS.

S.I. No. 55 of 2005 .

IMMIGRATION ACT 1999 (DEPORTATION) REGULATIONS 2005.

S.I. No. 55 of 2005 .

IMMIGRATION ACT 1999 (DEPORTATION) REGULATIONS 2005.

I, MICHAEL McDOWELL, Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by section 7 of the Immigration Act 1999 ( No. 22 of 1999 ) hereby make the following regulations:

1.—These Regulations may be cited as the Immigration Act 1999 (Deportation) Regulations 2005.

2.—In these Regulations “the Act” means the Immigration Act 1999 (No. 22 of 1999) as amended by the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000) and the Immigration Act 2004 (No. 1 of 2004).

3.— The Immigration Act 1999 (Deportation) Regulations 2002 ( S.I. No. 103 of 2002 ) are hereby revoked.

4.—The form set out in the First Schedule to these Regulations is hereby prescribed for the purposes of section 3(7 of the Act.

5.—Each place listed in the Second Schedule to these Regulations and every Garda Síochána station is a place prescribed for the purposes of section 5(1) of the Act.

6.—Immigration officers and members of the Garda Síochána are hereby authorised to deport a person from the State under the Act.

7.—Where an immigration officer or member of the Garda Síochána arrests a person pursuant to section 5(1) of the Act and where he or she proposes to detain the person in a prescribed place, he or she shall, in writing, inform the Member in Charge, in the case of a Garda Síochána station or the Governor, in any other case, of the arrest and direct that the person be detained until further notice.

FIRST SCHEDULE

DEPORTATION ORDER

WHEREAS it is provided by subsection (1) of section 3 of the Immigration Act 1999 ( No. 22 of 1999 ) that, subject to the provisions of section 5 (prohibition of refoulement) of the Refugee Act 1996 (No. 17 of 1996 and the subsequent provisions of the said section 3, the Minister for Justice Equality and Law Reform may by order require a non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State;

WHEREAS ……………………….. [insert name of person] is a person in respect of whom a deportation order may be made under subsection (2 [insert applicable paragraphs] of the said section 3;

AND WHEREAS the provisions of section 5 (prohibition of refoulement of the Refugee Act 1996 and the provisions of the said section 3 are complied with in the case of …………………………… [insert name of person];

NOW, I, …………………………………., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by the said subsection (1) of section 3, hereby require you the said …………………………… [insert name of person] to leave the State [within the period ending on the date specified in the notice served on or given to you under subsection (3)(b)(ii) of the said section 3, pursuant to subsection (9)(a) of the said section 3]* [within the period ending on the date specified by me in the notice served on or given to you with a copy of this order]** and to remain thereafter out of the State.

*Delete in the case of a person for whom a notice under subsection 3(b)(ii) is not required.

**Delete in the case of a person for whom a notice under section 3(b)(ii) is required.

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GIVEN under my Official Seal, this (insert date).

_______________________

Minister for Justice, Equality and Law Reform.

SECOND SCHEDULE

Castlerea Prison

Cloverhill Prison

Cork Prison

Limerick Prison

The Midlands Prison

Mountjoy Prison

Saint Patrick’s Institution, Dublin

The Training Unit, Glengarriff Parade, Dublin

Wheatfield Prison, Dublin

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GIVEN under my Official Seal, this 3rd day of February 2005.

MICHAEL McDOWELL T.D.,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order was made for the purpose of updating the list of prescribed places of detention for the purpose of section 5(1 of the Immigration Act 1999 (as amended) by the removal of the Central Mental Hospital, Dundrum, from that list.

S.I. No. 134/2016 –

Immigration Act 1999 (Deportation) (Amendment) Regulations 2016.

v
Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th March, 2016.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 7 of the Immigration Act 1999 (No. 22 of 1999) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Immigration Act 1999 (Deportation) (Amendment) Regulations 2016.

(2) These Regulations come into operation on 10 March 2016.

2. In these Regulations, “Regulations of 2005” means the Immigration Act 1999 (Deportation) Regulations 2005 ( S.I. No. 55 of 2005 ).

3. Regulation 5 of the Regulations of 2005 is amended by the substitution of “section 5(3)” for “section 5(1)”.

4. The Regulations of 2005 are amended by the substitution of the following for Regulation 7:

“7. A person who is arrested under subsection (1) or (2) of section 5 of the Act may, for the purposes for his or her detention, in a prescribed place, under that section—

(a) be taken by an immigration officer or a member of the Garda Síochána to a prescribed place, and

(b) be detained, until further notice, in the prescribed place under warrant of the immigration officer or member of the Garda Síochána who arrested him or her.”.

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GIVEN under my Official Seal,

9 March 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 74/2017 –

Immigration Act 1999 (Deportation) (Amendment) Regulations 2017.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th March, 2017.

1. These Regulations may be cited as the Immigration Act 1999 (Deportation) (Amendment) Regulations 2017.

2. The Immigration Act 1999 (Deportation) Regulations 2005 ( S.I. No. 55 of 2005 ) are amended by substituting the following for the First Schedule:

“FIRST SCHEDULE

DEPORTATION ORDER

WHEREAS it is provided by subsection (1) of section 3 of the Immigration Act 1999 (No. 22 of 1999) that, subject to the subsequent provisions of the said section 3 , the Minister for Justice and Equality may by order require a non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State;

WHEREAS……………………….. [insert name of person] is a person in respect of whom a deportation order may be made under subsection (2) [insert applicable paragraphs] of the said section 3;

AND WHEREAS the provisions of the said section 3 are complied with in the case of…………………………… [insert name of person];

NOW, I,…………………………………., Minister for Justice and Equality, in exercise of the powers conferred on me by the said subsection (1) of section 3, hereby require you the said…………………………… [insert name of person] to leave the State [within the period ending on the date specified in the notice served on or given to you under subsection (3)(b)(ii) of the said section 3, pursuant to subsection (9)(a) of the said section 3]* [within the period ending on the date specified by me in the notice served on or given to you with a copy of this order]** and to remain thereafter out of the State.

*Delete in the case of a person for whom a notice under subsection 3(b)(ii) is not required.

**Delete in the case of a person for whom a notice under section 3(b)(ii) is required.

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GIVEN under my Official Seal, this (insert date)

____________, Minister for Justice and Equality.”

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GIVEN under my Official Seal,

8 March 2017.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This is not a part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide a substitute for the First Schedule of the Immigration Act 1999 (Deportation) Regulations 2005 ( S.I. No. 55 of 2005 )

S.I. No. 445/2003 –

Immigration Act 2003 (Approved Ports) Regulations 2003

I, Michael McDowell TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 9 and 11 of the Immigration Act 2003 (No. 26 of 2003), hereby make the following Regulations:

1.—(1) These Regulations may be cited as the Immigration Act 2003 (Approved Ports) Regulations 2003.

(2) These Regulations come into operation on 19 September 2003.

2.—In these Regulations “the Order” means the Aliens Order 1946 ( S.R. & O. No. 395 of 1946 ).

3.—For the purposes of the Order, the ports specified in—

(i) Part 1 of the Schedule to these Regulations are approved ports for non-nationals arriving in the State from places outside the State other than Great Britain or Northern Ireland,

(ii) Part 2 of the Schedule to these Regulations are approved ports for non-nationals arriving in the State from Great Britain and Northern Ireland.

Schedule

Part 1

Carrickfinn Airport

Galway

Cobh

Galway Airport

Connaught Airport

Moville

Cork

Rosslare Harbour

Cork Airport

Shannon Airport

Dublin

Sligo Airport

Dublin Airport

Waterford Regional Airport.

Farranfore Airport

Part 2

Carrickfinn Airport

Galway

Cobh

Galway Airport

Connaught Airport

Greencastle

Cork

Moville

Cork Airport

Rosslare Harbour

Dublin

Shannon Airport

Dublin Airport

Sligo Airport

Dún Laoghaire

Waterford

Farranfore Airport

Waterford Regional Airport.

Given under my Official Seal

This 19th day of September 2003

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Michael McDowell TD,

Minister for Justice, Equality and Law Reform

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations specify the ports approved for entry into the State for the purposes of the Aliens Order 1946

I, Michael McDowell TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 11 of the Immigration Act 2003 (No. 26 of 2003), hereby make the following Regulations:

1.—(1) These Regulations may be cited as the Immigration Act 2003 (Removal Direction Regulations 2003.

(2) These Regulations come into operation on 19 September 2003.

2.—The form in the Schedule to these Regulations shall be the prescribed form for the purposes of section 5 (10)(b) of the Immigration Act 2003 .

Schedule

Immigration Act 2003

Direction to carrier under section 5(10)

From: [insert name of Immigration Officer / Member of the Garda Síochána]

To: [insert name of carrier]

In exercise of the powers conferred on me by section 5 (10)(b) of the Immigration Act 2003 I hereby direct you, the above named carrier, to remove [insert name], [insert nationality where known apparent nationality to the extent that it can be ascertained, or “not known” as appropriate] to [insert place outside the State] on [insert date of removal].

[insert name] was brought to the port of [insert place of arrival in the State] from [insert place of last embarkation for the State] by you and is a person to whom the provisions of section 5(1) (a)* (b)* , (c)* , (d)* of the Immigration Act, 2003 apply.

You shall remove the person concerned by transporting him/her (in a vehicle under your control)** (or)** , (by arranging with another carrier for his/her removal)** .

Signed: _______________________________ Date: __________________

Immigration Officer/Member of the Garda Síochána**

Failure to comply with this direction constitutes a criminal offence in accordance with section 5 (11) of the Immigration Act 2003 and a member of the Garda Síochána may arrest without warrant a person whom he or she suspects of having committed that offence.

Given under my Official Seal

This 19th day of September 2003

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Michael McDowell TD,

Minister for Justice, Equality and Law Reform

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations prescribe the form to be used by an immigration officer or a member of the Garda Síochána to give a direction in writing to a carrier to remove a person from the State.

* Delete as appropriate

** Delete at discretion of Immigration Officer/Member of the Garda Síochána

S.I. No. 447/2003 –

Immigration Act 2003 (Carrier Liability) Regulations 2003

1.—(1) These Regulations may be cited as the Immigration Act 2003 (Carrier Liability) Regulations 2003.

(2) These Regulations come into operation on 19 September 2003.

2.—(1) In these Regulations “the Act” means the Immigration Act 2003 (No. 26 of 2003).

(2) In these Regulations—

(a) a reference to a section is a reference to a section in the Act,

(b) a reference to a regulation is a reference to a regulation of these Regulations,

3.—The form of notice specified in Schedule 1 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(1)(a) of the Act.

4.—The form of notice specified in Schedule 2 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(1)(b) of the Act.

5.—The form of notice specified in Schedule 3 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(1)(c) of the Act.

6.—The form of notice specified in Schedule 4 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(3)(a) of the Act.

7.—The form of notice specified in Schedule 5 to these Regulations is prescribed for the purposes of section 3(1) of the Act in relation to an offence under section 2(3)(b) of the Act.

Schedule 1

Immigration Act 2003

Notice of alleged offence under section 2(1)(a)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(1)(a) of that Act in that at [insert place of arrival in the State] on [insert date of arrival] you did not ensure that the passenger, a person on board a vehicle arriving in the State from [insert place of embarkation] and seeking (a) to land in the State or (b) to pass through the port of [insert place of arrival in the State] in order to travel to another State [delete (a) or (b) as appropriate] disembarked in compliance with directions given by [insert name of immigration officer], an immigration officer.

3. (1) TAKE NOTICE, You may, during the period of 28 days beginning on the date of this notice, make to the Detective Superintendent (Administration) at Garda National Immigration Bureau, 13 – 14 Burgh Quay, Dublin 2 a payment of €1,500.

(2) No prosecution in respect of the offence alleged will be instituted during the period of 28 days and if payment is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Failure to make payment in compliance of the terms of this notice will result in a prosecution.

(4) Persons found guilty of an offence under section 2 shall be liable on summary conviction to a fine of €3,000 for each offence.

Signed: _________________

[name of immigration officer]

Date: [insert date]

Schedule 2

Immigration Act 2003

Notice of alleged offence under section 2(1)(b)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(1)(b) of that Act in that at [insert place of arrival in the State] on [insert date of arrival] you did not ensure that the passenger, a person on board a vehicle arriving in the State from [insert place of embarkation] and seeking to land in the State was presented to an immigration officer for examination in respect of leave to land.

(3) Failure to make payment in compliance of the terms of this notice will result in a prosecution.

(4) Persons found guilty of an offence under section 2 shall be liable on summary conviction to a fine of €3,000 for each offence.

Signed: _________________

[name of immigration officer]

Date: [insert date]

Schedule 3

Immigration Act 2003

Notice of alleged offence under section 2(1)(c)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(1)(c) of that Act in that at [insert place of arrival in the State] _________ on the____ day of_________

[delete all but one of [a], [b], [c] or [d] as appropriate]

[a] you did not ensure that the passenger, a person seeking to pass through the State in order to travel to another state, had with him or her a valid passport or other equivalent document which establishes his or her identity,

[b] you did not ensure that the passenger, a person seeking to land in the State, had with him or her a valid passport or other equivalent document which establishes his or her identity,

[c] you did not ensure that the passenger, a person seeking to pass through the State in order to travel to another state, had with him or her a valid Irish transit visa,

[d] you did not ensure that the passenger, a person required by law to have an Irish visa who was seeking to land in the State, had with him or her a valid Irish visa.

(3) Failure to make payment in compliance of the terms of this notice will result in a prosecution.

(4) Persons found guilty of an offence under section 2 shall be liable on summary conviction to a fine of €3,000 for each offence.

Signed: _________________

[name of immigration officer]

Date: [insert date]

Schedule 4

Immigration Act 2003

Notice of alleged offence under section 2(3)(a)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(3)(a) of that Act in that at [insert place of arrival in the State] on [insert date of arrival] you, being the carrier concerned of a vehicle arriving in the State from [insert place of embarkation], did not, when so requested by [insert name of immigration officer], an immigration officer, furnish that immigration officer with vehicle, a list specifying the name and nationality of each person carried on board the vehicle in the prescribed form.

(3) Failure to make payment in compliance of the terms of this notice will result in a prosecution.

(4) Persons found guilty of an offence under section 2 shall be liable on summary conviction to a fine of €3,000 for each offence.

Signed: _________________

[name of immigration officer]

Date: [insert date]

Schedule 5

Immigration Act 2003

Notice of alleged offence under section 2(3)(b)

1. To: [insert name of carrier]

In respect of the following passenger:

Name: [insert name]

Nationality: [insert nationality where known, apparent nationality to the extent that it can be ascertained, or “not known” as appropriate]

Brought by you to: [insert place of arrival in the State]

On board: [insert flight number, vessel name, vehicle registration mark etc.]

Arriving on: [insert date of arrival] at: [insert time of arrival]

2. You are alleged to have committed an offence under section 2 of the above Act consisting of a contravention of section 2(3)(b) of that Act in that at [insert place of arrival in the State] on [insert date of arrival] you being a carrier concerned of a vehicle arriving in the State from [insert place of embarkation], did not furnish when so requested by [insert name of

immigration officer], an immigration officer, details of the members of the crew of the vehicle.

(3) Failure to make payment in compliance of the terms of this notice will result in a prosecution.

(4) Persons found guilty of an offence under section 2 shall be liable on summary conviction to a fine of €3,000 for each offence.

Signed: _________________

[name of immigration officer]

Date: [insert date]

Given under my Official Seal,

19 September 2003.

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Michael McDowell TD

Minister for Justice, Equality and Law Reform.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations set out the forms of notice to be given to carriers alleged to be in breach of section 2 of the Immigration Act 2003 .

S.I. No. 56/2005 –

Immigration Act 2003 (Removal Places of Detention) Regulations 2005

STATUTORY INSTRUMENTS.

S.I. No. 56 of 2005 .

IMMIGRATION ACT 2003 (REMOVAL PLACES OF DETENTION) REGULATIONS 2005.

S.I. No. 56 of 2005 .

IMMIGRATION ACT 2003 (REMOVAL PLACES OF DETENTION) REGULATIONS 2005.

I, MICHAEL McDOWELL T.D., Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by section 11 of the Immigration Act 2003 ( No. 26 of 2003 ), hereby make the following Regulations:

1.—These Regulations may be cited as the Immigration Act 2003 (Removal Places of Detention) Regulations 2005.

2.— The Immigration Act 2003 (Removal Places of Detention) Regulations 2003 ( S.I. No. 444 of 2003 ) are hereby revoked.

3.—Each place listed in the Schedule to these Regulations and every Garda Síochána station is a place prescribed for the purposes of section 5(2)(a) of the Immigration Act 2003 (No. 26 of 2003).

SCHEDULE

Castlerea Prison

Cloverhill Prison

Cork Prison

Limerick Prison

The Midlands Prison

Mountjoy Prison

Saint Patrick’s Institution, Dublin

The Training Unit, Glengariff Parade, Dublin

Wheatfield Prison, Dublin.

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GIVEN under my Official Seal, this 3rd day of February 2005

MICHAEL McDOWELL T.D.,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order was made for the purpose of updating the list of prescribed places of detention for the purpose of section 5(2)(a) of the Immigration Act 2003 by the removal of the Central Mental Hospital, Dudrum, from that list.

S.I. No. 57/2004 –

Immigration Act 2004 (Approved Ports) Regulations 2004

I, MICHAEL McDOWELL T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 6 (2) and 20 of the Immigration Act 2004 (No. 1 of 2004), hereby make the following regulations:

1. These Regulations may be cited as the Immigration Act 2004 (Approved Ports) Regulations 2004.

2. The ports specified in the Schedule to these Regulations are prescribed for the purposes of section 6 (2) of the Immigration Act of 2004 (No. 1 of 2004).

SCHEDULE

Carrickfinn Airport

Galway

Cobh

Galway Airport

Connaught Airport

Greencastle

Cork

Moville

Cork Airport

Rosslare Harbour

Dublin

Shannon Airport

Dublin Airport

Sligo Airport

Dún Laoghaire

Waterford

Farranfore Airport

Waterford Regional Airport

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GIVEN under my Official Seal, this 13th day of February, 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations specify the ports approved for entry into the State for the purposes of the Immigration Act, 2004.

S.I. No. 95/2004 –

Immigration Act 2004 (Registration Certificate) Regulations, 2004

I, MICHAEL McDOWELL T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 9 (5) and 20 of the Immigration Act 2004 (No. 1 of 2004), hereby make the following regulations:

1. These Regulations may be cited as the Immigration Act 2004 (Registration Certificate) Regulations 2004.

2. (1) The form of a registration certificate specified in Part 1 of the Schedule to these Regulations is prescribed for the purposes of section 9 (5) of the Immigration Act 2004 (No. 1 of 2004).

(2) The particulars specified in Part 2 of the Schedule to these Regulations are prescribed for the purposes of the said section 9(5).

SCHEDULE

PART 1

Form of Registration Certificate

Front of Registration Certificate

ÉIRE IRELAND

CERTIFICATE OF REGISTRATION

Garda National Immigration Bureau

Biuró Naisiúnta Inimirca An Gharda Síochána

Photograph

Surname

Forename(s)

Nationality

Date of Birth

Sex:

Stamp No:

GNIB No:

Dept No:

Issue Date:

Expiry Date:

Registration Office:

Back of Registration Certificate

APPLICANT’S SIGNATURE

_____________________________________

This certificate indicates that the person named on the certificate has registered with the Garda Síochána as required by Irish Immigration Law.

This certificate is the property of the Garda National Immigration Bureau.

THIS IS NOT AN IDENTITY CARD

Garda National Immigration Bureau

Biuró Naisiúnta Inimirca An Gharda Síochána

CARD NO:

PART 2

Particulars that Registration Certificate shall contain

1. Name in full

2. Nationality

3. Date of Birth

4. Sex

5. Garda National Immigration Bureau number

6. Department Number

7. Stamp Number

8. Expiry Date

9. Registration Office

10. Signature

11. Photograph

12. Issue date.

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GIVEN under my Official Seal, this 8th day of March, 2004.

MICHAEL McDOWELL T.D.,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations specify the form of a registration certificate and the particulars that shall be contained therein for the purposes of the Immigration Act, 2004 .

S.I. No. 340/2008 –

Immigration Act 2004 (Registration Certificate) (Amendment) Regulations 2008

S.I. No. 340 of 2008

IMMIGRATION ACT 2004 (REGISTRATION CERTIFICATE) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th August, 2008.

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 9(5) and 20 of the Immigration Act 2004 (No. 1 of 2004), hereby make the following regulations:

1. These regulations may be cited as the Immigration Act 2004 (Registration Certificate) (Amendment) Regulations 2008.

2. These regulations come into operation on 16 August 2008

3. Part 2 of the Immigration Act 2004 (Registration Certificate) Regulations 2004 ( S.I. No 95 of 2004 ) is amended by the insertion after paragraph 12 of the following:

“ 13. Where fingerprints were required by the registration office pursuant to section 9(2)(a) of the Immigration Act 2004 , an image of all or any of the fingerprints furnished’’

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GIVEN under my Official Seal,

15 August 2008

DERMOT AHERN.

Minister for Justice, Equality and Law Reform.

S.I. No. 403/2011 –

Immigration Act 2004 (Travel Document Fee) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th August, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 19 and 20 of the Immigration Act 2004 (No. 1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, make the following regulations:

1. These Regulations may be cited as the Immigration Act 2004 (Travel Document Fee) Regulations 2011.

2. These Regulations come into operation on 1 August 2011.

3. The amount of €80 is prescribed for the purposes of section 19 (1)(c) of the Immigration Act 2004 (No. 1 of 2004).

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

28 July 2011.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

28 July 2011.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 259/2012 –

Immigration Act 2004 (Start-Up Entrepreneur Programme) (Application for Permission) (Fee) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2012.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 19 (as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) and 20 of the Immigration Act 2004 (No. 1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, make the following regulations:

1. These Regulations may be cited as the Immigration Act 2004 (Start-Up Entrepreneur Programme) (Application for Permission) (Fee) Regulations 2012.

2. In these Regulations “Start-Up Entrepreneur Programme” means the programme of that name, approved by the Government on 24 January 2012, the guidelines for which are published on the website of the Irish Naturalisation and Immigration Service (INIS).

3. The amount of €350 is prescribed as the fee in respect of the making of an application for a permission under the Start-Up Entrepreneur Programme.

4. The fee prescribed in Regulation 3 is waived in respect of persons applying under the Start-Up Entrepreneur Programme who have been sponsored by Enterprise Ireland.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

18 July 2012.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

18 July 2012.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 444/2012 –

Immigration Act 2004 (Registration Certificate Fee) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th November, 2012.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 19 (as amended by section 34 (c) of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) and section 20 of the Immigration Act 2004 (No. 1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, make the following regulations:

1. (1) These Regulations may be cited as the Immigration Act 2004 (Registration Certificate Fee) Regulations 2012.

(2) These Regulations come into operation on 19th November 2012.

2. In these Regulations—

“Act of 1996” means the Refugee Act 1996 (No. 17 of 1996);

“Act of 2004” means the Immigration Act 2004 (No. 1 of 2004);

“Administrative Immigration Arrangements” means the arrangements of the Minister known as the “Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking”;

“civil partner” has the same meaning as it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010);

“Minister” means the Minister for Justice and Equality.

3. The amount of €300 is prescribed for the purposes of section 19(1)(b) of the Act of 2004.

4. The fee prescribed in Regulation 3 is waived in respect of persons belonging to any of the following classes:

(a) non-nationals who, at the time of registration under section 9 of the Act of 2004, are—

(i) under the age of 18 years,

(ii) the spouse or surviving spouse of an Irish citizen,

(iii) the civil partner or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of an Irish citizen, or

(iv) holders of a valid residence card issued under Regulation 7 of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006 );

(b) persons in respect of whom a declaration under section 17 of the Act of 1996 is, for the time being, in force;

(d) programme refugees within the meaning of section 24 of the Act of 1996;

(e) persons to whom the Minister has granted a temporary residence permission in accordance with the Administrative Immigration Arrangements, which permission is still valid;

(f) persons below the age of 18 years who have a permission to remain lawfully in the State for a recovery and reflection period in accordance with the Administrative Immigration Arrangements but who have not been granted a temporary residence permission in accordance with those Arrangements.

5. The Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 ( S.I. No. 449 of 2011 ) are revoked.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

30 October 2012.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

6 November 2012.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 324/2013 –

Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th August, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 19 (as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) and 20 of the Immigration Act 2004 (No.1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. These Regulations may be cited as the Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013.

2. In these Regulations “Atypical Working Scheme” means the scheme of that name, the guidelines for which are published on the website of the Irish Naturalisation and Immigration Service (INIS).

3. The amount of €250 is prescribed as the fee in respect of the making of an application for a permission under the Atypical Working Scheme.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

24 July 2013.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

24 July 2013.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 324/2013 –

Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th August, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 19 (as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) and 20 of the Immigration Act 2004 (No.1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. These Regulations may be cited as the Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013.

2. In these Regulations “Atypical Working Scheme” means the scheme of that name, the guidelines for which are published on the website of the Irish Naturalisation and Immigration Service (INIS).

3. The amount of €250 is prescribed as the fee in respect of the making of an application for a permission under the Atypical Working Scheme.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

24 July 2013.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

24 July 2013.

ALAN SHATTER,

Minister for Justice and Equality.

District Court Rules

Procedure under International Protection Act 2015

Interpretation — rules 11 to 15

In Rules 11 to 15 inclusive following, “the 2015 Act” means the International Protection Act 2015 (No. 66 of 2015).

Commitment to detention

Where a person who has been detained pursuant to section 20(1) or section 20(9) of the 2015 Act is brought before a Judge of the Court assigned to the Court district in which the person is being detained and is committed by the Court to a place of detention as provided for in section 20(3)(a), section 20(10), or as the case may be, section 20(12) of the 2015 Act, the order of detention shall be in the Form 38.16, 38.16A, or as the case may be, 38.16B, Schedule B.

Conditional release

Where a person who has been detained pursuant to section 20(1) or section 20(9) of the 2015 Act is brought before a Judge of the Court assigned to the Court district in which the person is being detained and is released pursuant to the provisions of section 20(3)(b) or section 20(11), as the case may be, of the 2015 Act, the order of release shall be in the Form 38.17, Schedule B.

Variation of conditional release

– application – service – order

Where a person has been released from detention on conditions in accordance with section 20(3)(b) of the 2015 Act, an application in the Form 38.18, Schedule B, may be made pursuant to section 20(5) or section 20(10) of the 2015 Act, to a Judge of the Court assigned to the Court district in which the person’s dwelling place is situated, by the person, an immigration officer, or a member of the Garda Siochána to vary, revoke or add a condition to the person’s release. Such application shall be served in the manner provided by section 5 of the 2015 Act and shall be served at least four clear days before the date for hearing the application. The original of the application shall be lodged with the Clerk at least 48 hours before the date of hearing. The order of the Court on the application shall be in the Form 38.19, Schedule B.

Order of release

Where a person who has been detained pursuant to the provisions of section 20 of the 2015 Act is brought, under the provisions of section 20(4) or section 20(10) of the 2015 Act before a Judge of the Court assigned to the Court district where the person is being detained and the Court orders the release of that person, the order of release shall be in the Form 38.20, Schedule B.

Order where the person indicates a desire to leave the State

Where a person detained pursuant to the provisions of section 20 of the 2015 Act is brought before a Judge of the Court assigned to the Court district where the person has been detained, the order of the Judge under the provisions of section 20(13)(b) of the 2015 Act shall be in the Form 38.21, Schedule B.

Procedure under Refugee Act, 1996

10.

In Rules 11 to 15 inclusive following, “the Act” means the Refugee Act, 1996 (No. 17 of 1996)

Commitment to detention

Where a person who has been detained pursuant to subsection (8) or subsection (13) (a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is committed by the Court to a place of detention as provided for in subsection (10)(b)(i) or subsection (13)(b) or subsection (14)(a) as the case may be, of section 9 of the Act, the order of detention shall be in the Form 38.16, Schedule B.

Conditional release

Where a person who has been detained pursuant to subsection (8) or subsection (13)(a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is released pursuant to the provisions of subsection (10)(b)(ii) or subsection (13)(b) as the case may be, of section 9 of the Act, the order of release shall be in the Form 38.17, Schedule B.

Variation of conditional release—application

Where a person has been released from detention on one of the conditions referred to in subsection (10)(b)(ii) of section 9 of the Act, an application in the Form 38.18, Schedule B, may be made pursuant to subsection (10)(d) or subsection (13)(b) of section 9 of the Act, to a Judge of the District Court assigned to the District Court assigned to the District Court district in which the person resides, by the person, an immigration officer, or a member of the Garda Síochaána to vary to condition on which the person was released.

—service

Such application may be served in the manner provided by Order 10 of these Rules and shall be served at least four clear days before the date for hearing the application. The original of the application shall be lodged with the Clerk at least [48] hours before the date of hearing.

—order

The order of the Court on the application shall be in the Form 38.19, Schedule B.

Order of release

Where a person who has been detained pursuant to the provisions of section 9 of the Act is brought, under provisions of subsection (10)(c) or subsection (13)(b) of section 9 of the Act before a Judge of the District Court assigned to the District Court district where the person is being detained and the Court orders the release of that person, the order of release shall be in the Form 38.20, Schedule B.

Order

Where a person detained pursuant to the provisions of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district where the person has been detained, the order of the Judge under the provisions of subsection (14)(b) of section 9 of the Act shall be in the Form 38.21, Schedule B.]