Immigration act 2003

• Enactment Date: 14 July 2003
• Act Number: 26

Number 26 of 2003
IMMIGRATION ACT 2003
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Liability of carriers. 3. Provisions in relation to offences. 4. Amendment of Aliens Act 1935. 5. Removal from the State of persons refused leave to land. 6. Offences by bodies corporate. 7. Amendment of Refugee Act 1996. 8. Exchange of information. 9. Approved port. 10. Amendment of Illegal Immigrants (Trafficking) Act 2000. 11. Regulations. 12. Expenses. 13. Short title and commencement.
Acts Referred to Aliens Act 1935 1935, No. 14 Companies Acts 1963 to 2001 Local Government Acts 1925 to 2003 Criminal Justice (United Nations Convention against Torture) Act 2000 2000, No. 11 Illegal Immigrants (Trafficking) Act 2000 2000, No. 29 Immigration Act 1999 1999, No. 22 Local Government Act 2001 2001, No. 37 Refugee Act 1996 1996, No. 17 Road Traffic Act 1961 1961, No. 24
Number 26 of 2003
IMMIGRATION ACT 2003
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:
	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—
	(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.
	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 provisions 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.
	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.
	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— ...