Aliens Order, 1946.

• Statutory Instrument No.: 395/1946
• Date: 28 November 1946

STATUTORY RULES AND ORDERS. 1946. No. 395.
ALIENS ORDER, 1946.
I, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Aliens Act, 1935 (No. 14 of 1935), and of every and any other power me in this behalf enabling do hereby order as follows :—
PART I. PRELIMINARY.
	1 Short title and commencement	1.—(1) This Order may be cited as the Aliens Order, 1946.
(2) This Order shall come into operation on the 15th day of December, 1946.
	2 Interpretation	2. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.
	3 Definitions	3. In this Order :
the word " alien " does not include a person to whom the Aliens (Exemption) Order, 1935 ( S. R. & O. No. 80 of 1935 ), applies ;
the word "embark" shall include departure by any form of conveyance including departure over a land frontier ;
the expression " Great Britain " includes the Channel Isles, and the Isle of Man ;
the word " keeper " where used in relation to premises where accommodation is provided for reward includes any person who for reward receives any other person to lodge or sleep in the premises, either on his own behalf or as manager or otherwise on behalf of any other person;
the word " lands " shall include arrival or entry by any form of conveyance, including entry over a land frontier, and references to landing shall, unless the context otherwise implies, be deemed to include references to attempting to land ;
the expression " master of a ship " includes the pilot of an aircraft;
the expression " member of a crew " means any person employed in the working or service of a ship ;
the expression " the Minister " means the Minister for Justice :
the word " passenger " means any person, other than a member of a crew, travelling or seeking to travel on board a ship, railway train or a passenger road vehicle ;
the expression " passenger road vehicle " means a vehicle employed on a passenger road service which is licensed under the Road Transport Act, 1932 (No. 2 of 1932) ;
the word " port " includes any place whether on a land or sea frontier where a person lands in or embarks from the State ;
the expression " registration district " means, in the Dublin Metropolitan Division of the Gárda Siochána, the said division, and elsewhere means a Gárda Siochána district ;
the expression " registration officer " means, in the Dublin Metropolitan Division of the Gárda Siochána, the Chief Superintendent of the Gárda Siochána for that division, and in every Gárda Siochána district outside the Dublin Metropolitan Division means the Superintendent of the Gárda Siochána for the district ;
the word " residence " means ordinary dwelling-place and where an alien has more than one dwelling-place, each of such dwelling-places ; and the expression " resident " shall have a corresponding meaning ;
the word " seaman " means an officer or member of a crew of a ship;
the word " ship " includes aircraft.
PART II. ADMISSION OF ALIENS.
	5 Restrictions on landing of aliens	5.—(1) An alien coming from any place outside the State other than Great Britain or Northern Ireland shall not land in the State except with the leave of an immigration officer, or of the Minister, and such leave may be given by the Minister, if he thinks fit so to do, retrospectively after the alien has landed.
(2) An alien coming to the State from Great Britain or Northern Ireland—
(a) shall not land in the State unless he fulfils such requirementsas may be directed from time to time by any general or special instructions of the Minister,
(b) shall, within 24 hours of landing in the State, report in person to an immigration officer or the registration officer of the registration district in which he is staying, produce to such officer a valid passport or some other document establishing his nationality and identity and furnish such information as the officer may require regarding the purpose of his landing in the State,
(c) shall not remain in the State for more than one month without the leave of the Minister.
(3) Leave to land in the State shall not be given to an alien coming from any place outside the State other than Great Britain or Northern Ireland, and leave to remain in the State for more than one month shall not be given to an alien who has come from Great Britain or Northern Ireland, unless the alien complies with the following conditions, that is to say :—
(a) he is in a position to support himself and his dependents ;
(b) if desirous of entering the service of an employer in the State, he produces a permit in writing for his engagement issued to the employer by the Minister for Industry and Commerce;
(c) he is not a lunatic, idiot, or mentally deficient ;
(d) he is not the subject of a certificate given to the immigration officer by a medical inspector that for medical reasons it is undesirable that the alien should be permitted to land;
(e) he has not been sentenced in a foreign country for any extradition crime within the meaning of the Extradition Acts, 1870 to 1906 ;
(f) he is not the subject of a deportation order ;
(g) he has not been prohibited from landing by the Minister ;
(h) he fulfils such other requirements as may be directed from time to time by any general or special instructions of the Minister.
(4) An immigration officer may, by general order or notice or otherwise, attach such conditions as he may think fit to the grant by him of leave to land, and the Minister may attach such conditions as he may think fit to the grant by him of leave to land, or of leave to remain in the State for more than one month, and the Minister may at any time add such conditions as he thinks fit to any such leave already granted whether by himself or an immigrationofficer and the alien shall comply with the conditions so attached or added.
(5) An alien who contravenes any provision of this Article shall for the purposes of Article 7 of this Order be deemed to be an alien to whom leave to land has been refused.
	6 Approved Port	6.—(1) An alien (other than a seaman) coming by sea or air from outside the State shall not, without the permission of the Minister, land elsewhere than at an approved port.
(2) The ports specified in Part I of the First Schedule to this Order shall be approved ports for aliens coming from places outside the State other than Great Britain or Northern Ireland, and the ports specified in Parts I and II of the First Schedule to this Order shall be approved ports for aliens coming from Great Britain and Northern Ireland.
(3) An alien who lands in the State in contravention of this Article shall for the purposes of Article 7 of this Order be deemed to be an alien to whom leave to land has been refused.
	7 Inspection and detention of aliens	7.—(1) An immigration officer or a medical inspector may inspect any alien seeking to land in the State, and any such inspection shall be made as soon as practicable after his arrival.
(2) For the purpose of an inspection under this Article an alien may land, subject to such conditions as may be imposed either by an immigration officer or by the Minister, and any alien on whom any such condition is imposed shall not, for the purposes of this Order, be deemed to have landed so long as the conditions are complied with.
(3) An alien landed subject to conditions under this Article may be detained in such manner as the Minister may direct, and whilst so detained shall be deemed to be in legal custody.
(4) The Minister may direct that security shall be given by the owners, agents, or master of the ship in which an alien subject to conditions under this Article has arrived.
(5) An alien landing in contravention of this Order may, until dealt with under this Order, be detained in such manner as the Minister may direct, and whilst so detained shall be deemed to be in legal custody.
(6) Where leave to land is refused to an alien, the Alien may, with the leave of an immigration officer, be placed temporarily onshore and detained at some place approved by the Minister, and whilst so detained shall be deemed to be in legal custody and not to have landed.
(7) An alien, to whom leave to land has been refused or an alien, coming from a place outside the State other than Great Britain or Northern Ireland, to whom leave to land has not been granted, shall be removed from the State by the master of the ship on which he arrived or, if directions for this purpose are given by the Minister or an immigration officer, by the owner or agents of that ship, to the country of which the alien is a national or from which he embarked for the State, or where (if a seaman) he was engaged, but this provision shall not apply if a period exceeding two months has elapsed since the date of the last arrival of the alien in the State.
(8) Without prejudice to any other provision of this Article, where leave to land has been refused to, or where leave to land has not been granted to, an alien coming from a place outside the State other than Great Britain or Northern Ireland, and such alien is found in the State, it shall be lawful for an immigration officer or a member of the Gárda Síochána, notwithstanding any intervening prosecution and imprisonment of the alien, at any time within one month after the arrival of the alien, to replace the alien on board the ship in which he arrived in the State, or on board any ship belonging to the same owners and bound for the country from which the alien came to the State.
(9) The master of any ship arriving at a port in the State may detain on board any alien coming from a place outside the State other than Great Britain or Northern Ireland, until the alien is inspected or landed for inspection under this Article, and shall on the request of an immigration officer so detain any such alien arriving in that ship, whether seaman or passenger, to whom leave to land has been...