<\/span><\/h3>\nAn 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.<\/p>\n
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.<\/p>\n
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.\u00a0A non-national who contravenes this requirement is guilty of an offence.<\/p>\n
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:<\/p>\n
\n- the stated purpose of the proposed visit to the State,<\/li>\n
- the intended duration of the stay in the State,<\/li>\n
- any family relationships (whether of blood or through marriage) of him or her with persons in the State,<\/li>\n
- his or her income, earning capacity and other financial resources,<\/li>\n
- the financial needs, obligations and responsibilities which he or she has or is likely to have in the foreseeable future,<\/li>\n
- 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,<\/li>\n
- 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.<\/li>\n<\/ul>\n
<\/span>Presence in State of non-nationals.<\/span><\/h3>\nNo non-national may be in the State other than in accordance with the terms of a permission given to him under the \u00a0Immigration Act or its predecessor. A non-national who is in the State in contravention is unlawfully present in the State.<\/p>\n
This\u00a0 does not apply to\u2014<\/p>\n
\n- a person whose application for asylum is under consideration by the Minister,<\/li>\n
- a refugee who is the holder of a declaration (within the meaning of that Act) which is in force,<\/li>\n
- a member of the family of a refugee or<\/li>\n
- a programme refugee<\/li>\n<\/ul>\n
<\/span>Approved port<\/span><\/h3>\nA 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.<\/p>\n
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 \u00a0guilty of an offence.<\/p>\n
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\u2014<\/p>\n
\n- 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<\/li>\n
- maintain the accommodation and other facilities in a manner that is compatible with the efficient performance of those functions.<\/li>\n<\/ul>\n
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.<\/p>\n
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\u2014<\/p>\n
\n- informing the person of the proposal and of the reasons for it, and<\/li>\n
- inviting the person to submit, within such time as is specified in the notice, representations in relation to the proposal.<\/li>\n<\/ul>\n
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.<\/p>\n
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\u2014<\/p>\n