Immigration act 2004

• Enactment Date: 13 February 2004
• Act Number: 1

Number 1 of 2004
IMMIGRATION ACT 2004
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Application of Act. 3. Appointment of officers. 4. Permission to land. 5. Presence in State of non-nationals. 6. Approved port. 7. Examination and detention of non-nationals. 8. Notices to be displayed on ships, railway trains and passenger road vehicles. 9. Obligation of non-nationals to register. 10. Hotel registers. 11. Requirements as to documents of identity and supply of information. 12. Requirement as to production of documents. 13. Offences and power of arrest without warrant. 14. Provision for particular non-nationals. 15. Entry, search and seizure. 16. Amendment of certain enactments. 17. Visa orders. 18. Service of notices. 19. Fees. 20. Regulations and orders. 21. Expenses. 22. Short title.
FIRST SCHEDULE
Conditions referred to in section 4(3)(c)
SECOND SCHEDULE
Particulars to be furnished on registration
Acts Referred to Air Navigation and Transport (Preinspection) Act 1986 1986, No. 18 Aliens Act 1935 1935, No. 14 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Diplomatic Relations and Immunities Act 1967 1967, No. 8 Employment Permits Act 2003 2003, No. 7 European Communities Acts 1972 to 2003 Illegal Immigrants (Trafficking) Act 2000 2000, No. 29 Immigration Act 1999 1999, No. 22 Immigration Act 2003 2003, No. 26 Irish Nationality and Citizenship Act 1956 1956, No. 26 Irish Nationality and Citizenship Act 2001 2001, No. 15 Public Offices Fees Act 1879 42 & 43 Vict., c.58 Refugee Act 1996 1996, No. 17 Road Transport Act 1932 1932, No. 2 Social Welfare (Consolidation) Act 1993 1993, No. 27 Social Welfare (Miscellaneous Provisions) Act 2003 2003, No. 4
Number 1 of 2004
IMMIGRATION ACT 2004
AN ACT TO MAKE PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE CONTROL OF ENTRY INTO THE STATE, THE DURATION AND CONDITIONS OF STAY IN THE STATE AND OBLIGATIONS WHILE IN THE STATE OF NON-NATIONALS AND TO PROVIDE FOR RELATED MATTERS. [13th February, 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, except where the context otherwise requires—
	“the Act of 1996” means the Refugee Act 1996 ;
	“the Act of 1999” means the Immigration Act 1999 ;
	“embarking” includes departure by any form of conveyance and departure over a land frontier;
	“Great Britain” includes the Channel Islands and the Isle of Man;
	“immigration officer” shall be construed in accordance with section 3 ;
	“keeper”, in relation to premises where accommodation is provided for reward, includes any person who for reward receives another person to lodge or sleep in the premises, either on his or her own behalf or as manager or otherwise on behalf of another person;
	“landing” includes arrival or entry by any form of conveyance and includes entry over a land frontier, and references to landing include references to attempting to land;
	“master of a ship” includes the pilot of an aircraft;
	“member of a crew” means any person employed in the working or service of a ship;
	“the Minister” means the Minister for Justice, Equality and Law Reform;
	“non-national” has the meaning assigned to it by the Act of 1999;
	“passenger” means any person, other than a member of a crew, travelling or seeking to travel on board a ship, railway train or passenger road vehicle;
	“passenger road vehicle” means a vehicle employed on a passenger road service which is licensed under the Road Transport Act 1932 ;
	“permission” shall be construed in accordance with section 4 ;
	“port” includes any place whether on a land or sea frontier where a person lands in or embarks from the State and includes an airport;
	“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;
	“registration district” means the Dublin Metropolitan Area or a Garda Síochána District situated outside that Area;
	“registration officer” means the officer in charge of the Garda National Immigration Bureau in the Dublin Metropolitan Area or the Superintendent of the Garda Síochána in a Garda Síochána District outside that Area;
	“residence” means a dwelling-place where a non-national ordinarily resides and, where a non-national has more than one dwelling-place, each of such dwelling-places; and “resident” shall be construed accordingly;
	“seaman” means an officer or member of a crew;
	“ship” includes aircraft.
	(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 or Schedule is a reference to a section of or a Schedule to 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.
	Application of Act.	2.—(1) This Act shall not apply to any of the following persons, that is to say:
	(a) a person entitled in the State to privileges and immunities under section 5 of the Diplomatic Relations and Immunities Act 1967 ;
	(b) a person entitled in the State to privileges and immunities under section 6 of that Act;
	(c) a person entitled in the State to privileges and immunities under any other Act of the Oireachtas or any instrument made thereunder.
	(2) Nothing in this Act shall derogate from—
	(a) 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,
	(b) any act adopted by an institution of those Communities,
	(c) section 9 (1) of the Refugee Act 1996 ,
	(d) the European Communities (Aliens) Regulations 1977 ( S.I. No. 393 of 1977 ), or
	(e) the European Communities (Right of Residence for Non Economically Active Persons) Regulations 1997 ( S.I. No. 57 of 1997 ).
	(3) If, in any proceedings, whether civil or criminal, any question arises under or in relation to a provision of this Act, the Act of 1999 or the Immigration Act 2003 as to whether any person is or is not a non-national, or is or is not a non-national of a particular nationality or otherwise of a particular class, or is or is not a particular non-national specified in an order made under the Act of 1999, the onus of proving (as the case may require) that such person is not a non-national, or is not a non-national of a particular nationality or of a particular class, or is not such a particular non-national, shall lie on such person.
	Appointment of officers.	3.—(1) The Minister may appoint such and so many persons as he or she considers appropriate (referred to in this Act as “immigration officers”) to perform the functions conferred on immigration officers by this Act and every person so appointed shall hold office on such terms and conditions as may be determined by the Minister at the time of the appointment.
	(2) The Minister may, with the consent of the Minister for Health and Children, appoint such and so many registered medical practitioners (referred to in this Act as “medical inspectors”) as he or she considers appropriate to perform the functions conferred on medical inspectors by this Act and every person so appointed shall hold office on such terms and conditions as may be determined by the Minister (with the consent of the Minister for Health and Children) at the time of the appointment.
	(3) An immigration officer or a medical inspector appointed under this Act shall have 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 this Act.
	(4) A person appointed by the Minister to be an immigration officer before the commencement of this Act and who was acting as such an officer immediately before such commencement shall upon such commencement be deemed to have been appointed as an immigration officer under this section.
	(5) A reference in any Act passed before the commencement of this section or in any instrument made under such an Act to an immigration officer shall be construed as a reference to an immigration officer appointed under this section and, accordingly, a function standing vested in an immigration officer immediately before such commencement under a provision of such an Act or instrument that continues in force after such commencement shall, upon such commencement, stand vested in, and may be performed by, such an officer.
	(6) The Minister may revoke an appointment made or deemed to have been made under this section.
	Permission to land.	4.—(1) Subject to the provisions of this Act, 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 this Act as “a permission”).
	(2) 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...