Immigration Act 1999

• Act Number: 22
• Enactment Date: 07 July 1999

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Number 22 of 1999

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IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023

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This Revised Act is an administrative consolidation of the Immigration Act 1999. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 22 of 1999

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IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023)

• Civil Law (Miscellaneous Provisions) Act 2022 (19/2022)

• Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019)

• International Protection Act 2015 (66/2015)

• Child and Family Agency Act 2013 (40/2013)

• Fines Act 2010 (8/2010)

• Health Act 2004 (42/2004)

• Immigration Act 2004 (1/2004)

• Illegal Immigrants (Trafficking) Act 2000 (29/2000)

All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Immigration Act 1999 (Deportation) (Amendment) Regulations 2017 (S.I. No. 74 of 2017)

• Immigration Act 1999 (Deportation) (Amendment) Regulations 2016 (S.I. No. 134 of 2016)

• Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014)

• Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014)

• Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013)

• Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)

• Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012)

• Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011)

• Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008)

• Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005)

• Immigration Act 1999 (Deportation) Regulations 2005 (S.I. No. 55 of 2005)

• Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2004)

• Supreme Court and High Court (Fees) Order 2003 (S.I. No. 89 of 2003)

• Immigration Act 1999 (Deportation) Regulations 2002 (S.I. No. 103 of 2002)

• Supreme Court and High Court (Fees)(No. 2) Order 2001 (S.I. No. 488 of 2001)

• Supreme Court and High Court (Fees) Order 2001 (S.I. No. 251 of 2001)

• Immigration Act 1999 (Section 11(1)(P)) (Commencement) Order 2000 (S.I. No. 364 of 2000)

• Immigration Act 1999 (Section 11) (Commencement) Order 2000 (S.I. No. 9 of 2000)

• Immigration Act 1999 (Deportation) Regulations 1999 (S.I. No. 319 of 1999)

All statutory instruments up to and including Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this revision.

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Number 22 of 1999

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IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023

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ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Orders under Act of 1935.

3.

Deportation orders.

3A.

Prohibition of refoulement.

3B.

Provision in relation to certain deportation orders.

4.

Exclusion orders.

5.

Arrest, detention and removal of non-nationals.

6.

Service of notices.

7.

Regulations.

8.

Obstruction etc.

9.

Penalties.

10.

Increase of certain penalties under Act of 1935.

11.

Amendment of Refugee Act, 1996.

12.

Laying of regulations before Houses of Oireachtas.

13.

Short title.

SCHEDULE

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Acts Referred to

Aliens Act, 1935

1935, No. 14

Child Care Act, 1991

1991, No. 17

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Act, 1956

1956, No. 46

Civil Service Regulation Acts, 1956 to 1996

Refugee Act, 1996

1996, No. 17

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Number 22 of 1999

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IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023

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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.

Interpretation.

1

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.

Orders under Act of 1935.

2

2.—(1) Every...