Restrictions & Removals

Table of Contents

Restrictions on grounds of public policy and public security

Where the Minister is satisfied, having taken all the relevant circumstances into consideration, that a person who would otherwise qualify, applies represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, he or she may issue to that person a notice. A previous criminal conviction shall not in itself constitute a ground for taking a measure

The notice shall be in writing and shall require the person concerned to do one or both of the following:

reside or remain in particular districts or places in the State;
report at specified intervals to an immigration officer or member of the Garda Síochána specified in the notice.

A person who is the subject of a notice shall comply with the requirements specified in the notice.

Restrictions on on grounds of public health

The Minister, where he or she is satisfied that a person who otherwise qualifies, is suffering from a disease referred to in Schedule 1, may issue to the person—a notice or within 3 months of the persons arrival in the State, a removal order.

A notice shall be in writing and shall be accompanied by reasons for the issue of the notice and shall require the person to do one or both of the following:

reside or remain in particular districts or places in the State;
report at specified intervals to an immigration officer, member of the Garda Síochána, the Health Service Executive, or such other authorities in the State specified in the notice.

A person who is the subject of a notice shall comply with the requirements specified in the notice.

Where in the Minister’s opinion in any particular case there are serious indications that it is necessary, he or she may require a person to whom the rights apply, within three months of the date of arrival of the person in the State, to undergo, free of charge, a medical examination by a registered medical practitioner for the purpose of ascertaining whether or not the person is suffering from any disease referred to in Schedule 1.

The Minister shall revoke a notice issued under paragraph (2) where he or she is satisfied that the person concerned no longer suffers from a disease referred to in Schedule 1.

Removal orders — general

The Minister, may make an order (“removal order”) in respect of a person where, in the opinion of the Minister—

the person is not or is no longer entitled to be in the State in accordance with EU Free Movement Regulations, or
the person represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.

A removal order shall require the person in respect of whom is it made to leave the State within the period specified in the order. The period referred to shall, unless the Minister certifies that the matter is urgent, be not less than one month.

The first ground does not apply to a EU citizen—

who is in employment or in self-employment, or
who can satisfy the Minister that he or she continues to seek employment and has a realistic prospect of being engaged in employment or self-employment.

A removal order may not, except on serious grounds of public policy, or public security, be made in respect of a person who has an entitlement to reside permanently in the State. A removal order may not, except on imperative grounds of public security, be made in respect of a EU citizen who—

has resided in the State for the previous 10 years, or
is a child under the age of 18 years, unless it is in the best interests of the child concerned that he or she be removed from the State.

A previous criminal conviction shall not in itself constitute a ground for the making of a removal order.

A removal order made on the public interest/ security ground that has not, after the expiry of more than 2 years from the date on which it was made, been enforced shall not be enforced unless the Minister—

carries out an assessment to ascertain whether there has been any material change in the circumstances which gave rise to the making of the removal order,
having carried out the assessment, is of the opinion that the person represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society,
notifies the person concerned that he or she may make representations in writing to the Minister, which shall include the particulars specified in within 15 working days of the date of issue of the notification, and
considers any representations made by the person concerned

An application by a person for leave to apply for judicial review of a removal order which is accompanied by an application for an interim order to suspend enforcement of the removal order shall suspend the removal of the person concerned until such time as the decision on the application for the interim order has been taken. This does not apply where the removal order is based on imperative grounds of public security.

The making of a removal order in respect of a person shall, for the purpose of EU Free Movement Regulations, entail a break in the continuity of his or her residence in the State under EU Free Movement Regulations.

Removal orders — procedural requirements

Where the Minister proposes to make a removal order, he or she shall notify the person concerned in writing of the proposal and shall provide to the person a copy of the proposed order, in a language that the person may reasonably be expected to understand. A notification shall contain—

unless the Minister certifies that it would endanger the security of the State to make them known, the reasons giving rise to the proposal and
a statement that the person concerned may make representations in writing to the Minister in the form provided for in Schedule 9 within 15 working days of the date of issue of the notification.

In determining whether to make a removal order in respect of a person the Minister shall consider any representations made by the person and—

the age of the person,
the duration of residence in the State of the person,
the family and economic circumstances of the person,
the nature of the person’s social and cultural integration in the State, if any,
the state of health of the person,
the extent of the person’s links with his or her country of origin, and
any other circumstances or matters that he may consider relevant.

Representations by person to Minister as to why removal order should not be made

Name and address in the State of person
Nationality of person
Immigration reference number (if any) of person
PPS number of person
Date of birth of person
Duration of residence in the State of person
Family and economic circumstances of person
Nature of persons social and cultural integration in the State
State of health of person
Extent of persons links with his or her country of origin
Any additional statements which person wishes to be considered
Additional documentation which person wishes to be considered

Decision

Where the Minister decides not to make a removal order, he or she shall notify the person of that fact.Where the Minister decides to make a removal order, he or she shall, in writing and in a language that the person may reasonably be expected to understand, notify the person concerned of that fact and the notification shall, unless the Minister certifies that it would endanger the security of the State to make them known, contain the reasons for the making of the order.

A notification shall be accompanied by the removal order and the person shall comply with the order and the notification. A notification may require the person the subject of the removal order to do any one or more of the following for the purpose of ensuring his or her removal from the State:

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;
produce any travel document, passport, travel ticket or other document in his or her possession required for the purpose of such removal to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;
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 removal;
reside or remain in a particular district or place in the State pending removal from the State;
report to a specified Garda Síochána station or immigration officer at specified intervals pending removal from the State;
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.

A member of the Garda Síochána or immigration officer may, regardless of whether a notification contains a requirement to do an act specified above, if he or she considers it necessary for the purpose of ensuring the removal of the person concerned from the State, require the person in writing to do any one or more of the acts specified and any such requirement, which shall be in a language that the person may reasonably be expected to understand, shall have effect as if it were a requirement in a notification.

A removal order shall be in the form set out in Schedule 10 and shall be accompanied by such information as is necessary to inform the person concerned of the administrative and judicial authorities with whom he or she may seek a review of the order. A notification may, where it is proposed to make a removal order be accompanied by a notification as provided for.

Arrest and detention for purposes of removal from the State

A person (other than a person who is under the age of 18 years) in respect of whom a removal order has been made may, for the purpose of ensuring his or her departure from the State in accordance with the removal order and without further notice, be arrested and detained under warrant of an immigration officer or member of the Garda Síochána in any of the places listed in Schedule 11 in the custody of the officer or member of the Garda Síochána for the time being in charge of that place.

An immigration officer or member of the Garda Síochána shall exercise his or her power (1) only—

where the person who is the subject of a removal order has failed to leave the State within the time specified in the order,
where the person who is the subject of a removal order has failed to comply with a requirement in a notification or
he or she suspects that the person may seek to avoid removal from the State in accordance with the removal order.

When an arrest is made above and the person arrested is brought to a prison or to a Garda Síochána station, the Governor of the prison or the Member in Charge of the Garda Síochána station, as the case may be, shall be informed of the fact.

A person arrested may be detained only until such time (being as soon as is practicable) as arrangements are made for his or her removal from the State and he or she is removed from the State in compliance with the removal order concerned.

A person arrested and detained 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.

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 in respect of whom a removal order has been made and his or her family members who are accompanying him or her, if any, on board such ship, railway train, road vehicle or aircraft and afford him or her and his or her family members proper accommodation and maintenance during the journey.

Where an immigration officer or a member of the Garda Síochána has reasonable grounds for believing that a person is not under the age of 18 years, the following shall apply to him or her as if he or she had attained the age of 18 years.

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 as above, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Health Service Executive of the detention and of the circumstances thereof.

A person shall not be detained under the Regulations for a period or periods exceeding 28 days in aggregate. The following periods shall be excluded in reckoning a period for the

any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment,
any period spent by the person on board a ship, railway train, road vehicle or aircraft, and if the person has—
- requested a review under EU Free Movement Regulations of the removal order in relation to which he or she is the subject, or
- made an application for judicial review as referred to in section 5 of the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000) of the removal order,
any period spent by the person in a place of detention between the date of the request or the application, as the case may be, and the date of its 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 thereform or the withdrawal of the appeal) or, as appropriate, the expiry of the ordinary time for instituting any such appeal.

Exclusion orders

The Minister may make an order under the Regulations (“exclusion order”) in respect of a person where in the opinion of the Minister the person represents a danger for public policy or public security by reason of the fact that his or her personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.

An exclusion order shall require the person in respect of whom it is made, for the period specified in the order (“exclusion period”), not to enter the State.

Where the Minister proposes to make an exclusion order, he or she shall notify the person concerned in writing of the proposal and shall provide to the person a copy of the proposed order, in a language that the person may reasonably be expected to understand.

A notification shall contain—

unless the Minister certifies that it would endanger the security of the State to make them known, the reasons giving rise to the proposal referred to,
a statement that the person concerned may make representations in writing to the Minister, which shall include the particulars specified in Schedule 4, within 15 working days of the date of issue of the notification, and
the proposed duration of the exclusion period.

In determining whether to make an exclusion order in respect of a person the Minister shall consider any representations made by that person. Where the Minister decides not to make an exclusion order, he or she shall notify the person of that fact.

Where the Minister decides to make an exclusion order, he or she shall, in writing and in a language that the person may reasonably be expected to understand, notify the person concerned of that fact and the notification shall, unless the Minister certifies that it would endanger the security of the State to make them known, contain the reasons for the making of the order.

The notification referred shall be accompanied by the exclusion order and the person shall comply with the order.

Material Change

Where there has been a material change in the circumstances which justified the making of an exclusion order, a person who is the subject of the order may apply, to the Minister to have the order revoked or the exclusion period concerned reduced.

An application may be made after 3 years, or such shorter period as the Minister considers reasonable in all of the circumstances has passed since the date of enforcement of the exclusion order concerned.

An application shall contain—

a statement by the person concerned setting out the material change in the circumstances that justified the making of the exclusion order, and
the particulars specified in Schedule 4.

The Minister may revoke an exclusion order or reduce the exclusion period concerned—

on application above
on his or her own initiative, where information indicating a material change in the circumstances that justified the making of the exclusion order comes to his or her attention,

Before revoking an exclusion, order or reducing the exclusion period concerned, the Minister shall—

consider the information submitted
notify the person who has been the subject of the exclusion order of new information (if any) which is relevant to a decision of the Minister and, where such information has been notified by the Minister, give the person concerned an opportunity to make representations in writing to the Minister which shall include the particulars specified in Schedule 4 within 15 working days of the issue of the notification, and
where applicable, consider the representations (if any) made.

Particulars to be included where a person makes representations

Name and address in the State of person
Immigration reference number (if any) of person
PPS number of person
Nationality of person
Details of solicitor, if any, of person
Any documentation which person wishes to be considered

The Mnister shall, as soon as is practicable and, in any event, not later than 6 months of receiving an application or the information referred to decide whether to revoke the exclusion order or reduce the exclusion period concerned, as the case may be.

The Minister may allow a person who is the subject of an exclusion order to re-enter the State for the purposes of attending a hearing connected with a review of a decision under EU Free Movement Regulations. This does not apply where, in the opinion of the Minister the person’s presence in the State would be contrary to public policy or public security.

Nothing in EU Free Movement Regulations shall operate to confer an entitlement on a person who is the subject of an exclusion order to enter the State while the Minister is considering an application.

An exclusion order shall be in the form set out in Schedule 12 and shall be accompanied by such information as is necessary to inform the person concerned of the administrative and judicial authorities with whom he or she may lodge an application for a review.

Notices etc.

Notices, representations in writing or documents required or authorised by EU Free Movement Regulations to be sent or given to the Minister or a registration officer shall be deemed to have been duly sent or given if—

sent by prepaid registered post, or
sent by facsimile where confirmed by a successful transmission report, or
delivered to the Minister, where the person concerned has a receipt for delivery.

Where a notification is required or authorised by EU Free Movement Regulations to be served on or given to a person other than the Minister, it shall be addressed to him or her and shall be given to him or her in one of the following ways:

by delivering it to him or her, or
by sending it by prepaid registered post addressed to him or her at the address most recently furnished by him or her or, in the case of his or her solicitor, if any, at his or her address, or, in a case in which address for service has been furnished, at that address.

Where a notice under EU Free Movement Regulations has been sent to a person in), the notice is 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.