Permission to land.
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 the Immigration Act as “a permission”).
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. An immigration officer may, on behalf of the Minister, refuse to give a permission to a person if the officer is satisfied—
- that the non-national is not in a position to support himself or herself and any accompanying dependants;
- 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);
- that the non-national suffers from a condition set out in the First Schedule;
- 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;
- 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;
- that the non-national is the subject of a deportation order (within the meaning of the Act of 1999),an exclusion order (within the meaning of that Act), or
- a determination by the Minister that it is conducive to the public good that he or she remain outside the State;
- 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;
- that the non-national intends to travel (whether immediately or not) to Great Britain or Northern Ireland, andwould not qualify for admission to Great Britain or Northern Ireland if he or she arrived there from a place other than the State;
- 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;
- 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;
- that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national.
- that the non-national—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 for a permission, travelled to the State from any such territory, and 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.]
The diseases concerned are
- Diseases subject to the International Health Regulations for the time being adopted by the World Health Assembly of the World Health Organisation.
- Tuberculosis of the respiratory system in an active state or showing a tendency to develop.
- Other infectious or contagious parasitic diseases in respect of which special provisions are in operation to prevent the spread of such diseases from abroad.
- Drug addiction.
- Profound mental disturbance, that is to say, manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion.
An immigration officer who 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.
An immigration officer may, on behalf of the Minister, examine a non-national arriving in the State otherwise than by sea or air for the purpose of determining whether he or she should be given a permission.
A non-national who is not exempt, from the requirement to have an Irish visa shall have a valid Irish visa.
A non-national concerned 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—
- report in person to a registration officer,
- 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
- furnish such information as the officer may reasonably require regarding the purpose of his or her arrival in the State.
A non-national to whom this provision applies does 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.
Issue of Permission
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 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. He ay 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.
A permission may be renewed or varied by the Minister, or by an immigration officer on his or her behalf, on application therefor by the non- national concerned.
A non-national, being a member of a class of persons declared by order to require a transit visa to enter the State, shall have a valid transit visa. A non-national who contravenes this requirement is guilty of an offence.
In performing his or her functions 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:
- the stated purpose of the proposed visit to the State,
- the intended duration of the stay in the State,
- any family relationships (whether of blood or through marriage) of him or her with persons in the State,
- his or her income, earning capacity and other financial resources,
- the financial needs, obligations and responsibilities which he or she has or is likely to have in the foreseeable future,
- 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,
- 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.
Presence in State of non-nationals.
No non-national may be in the State other than in accordance with the terms of a permission given to him under the Immigration Act or its predecessor. A non-national who is in the State in contravention is unlawfully present in the State.
This does not apply to—
- a person whose application for asylum is under consideration by the Minister,
- a refugee who is the holder of a declaration (within the meaning of that Act) which is in force,
- a member of the family of a refugee or
- a programme refugee
A non-national (other than a seaman) coming by sea or air from outside the State does not, without the consent of the Minister, land elsewhere than at an approved port.
A non-national who lands in the State in contravention is deemed to be a non-national who has been refused a permission. A non-national who lands in the State in contravention is guilty of an offence.
The Minister may by order designate a port to be an approved port. The designation under 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—
- 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 The Immigration Act and any other enactment relating to the entry by persons into the State, and
- maintain the accommodation and other facilities in a manner that is compatible with the efficient performance of those functions.
Where the Minister is satisfied that a condition imposed has, without reasonable cause, been breached, he or she may,, revoke the designation) of the port concerned as an approved port.
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—
- informing the person of the proposal and of the reasons for it, and
- inviting the person to submit, within such time as is specified in the notice, representations in relation to the proposal.
The Minister, in deciding whether to revoke a designation, shall have regard to representations (if any) made). Where the Minister revokes a designation, 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.
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—
- represents the port or other place to be an approved port,
- 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 or
- knowing that another person has committed an offence at that port or other place, fails to report the circumstances to an immigration officer.
Examination and detention of non- nationals.
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. The master of a ship who fails to comply with a request of an immigration officer shall be guilty of an offence.
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.
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.
- any written matter,
- any photograph,
- any currency notes or counterfeit currency notes,
- any information in non-legible form that is capable of being converted into legible form, or
- any audio or video recording.
A non-national who contravenes the above shall be guilty of an offence.
Notices to be displayed on ships, railway trains and passenger road vehicles.
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 the Immigration Act and of any directions given thereunder as the Minister may from time to time direct. A person who contravenes this is be guilty of an offence.
Non-Application of Immigration Act
The Immigration Act does not apply to
- a person entitled in the State to privileges and immunities under Diplomatic Relations and Immunities Act 1967;
- 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,
- 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,
- 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
- 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,
- a preclearance officer as defined in section 1 of the Aviation (Preclearance) Act 2009 and a dependant of a preclearance officer, and
- 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,
The Immigration Act does not limit
- 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,
- any act adopted by an institution of those Communities,
- the Refugee Act 1996,now the Internationl Protection Act
- the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ).]
Appointment of Officers.
The Minister may appoint such and so many immigration officers) to perform the functions conferred on immigration officers by the Immigration Act. The Minister may, with the consent of the Minister for Health and Children, appoint such and so many registered medical practitioners as “medical inspectors”) as he or she considers appropriate.
An immigration officer or a medical has the 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 the Immigration Act.