Aliens (Amendment) Order, 1975

JurisdictionIreland
Year1975
CitationIR SI 128/1975

S.I. No. 128 of 1975.

ALIENS (AMENDMENT) ORDER, 1975.

I, PATRICK COONEY, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Aliens Act, 1935 (No. 14 of 1935), hereby order as follows:

1. (1) This Order may be cited as the Aliens (Amendment) Order, 1975.

(2) The Principal Order and this Order may be cited together as the Aliens Orders, 1946 and 1975, and shall be construed together as one Order.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

(4) This Order shall come into operation on the 1st day of August, 1975.

2. (1) In this Order "the Principal Order" means the Aliens Order, 1946 (S.R. & O., No. 395 of 1946).

(2) In the Aliens Orders, 1946 and 1975, "alien" does not include a person born in Great Britain or Northern Ireland.

3. The Principal Order is hereby amended by the substitution for Article 5 of the following Articles:

" 4. An alien may not enter the service of an employer in the State save in accordance with a permit issued to the employer by the Minister for Labour.

5. (1) An alien coming from a place outside the State other than Great Britain or Northern Ireland shall, on arrival in the State, present himself to an immigration officer for leave to land.

(2) An immigration officer may refuse leave to land to an alien coming from a place outside the State other than Great Britain or Northern Ireland where the immigration officer is satisfied that the alien—

( a ) is not in a position to support himself and any accompanying dependants;

( b ) although wishing to take up employment in the State, is not in possession of a valid permit for such employment issued to the prospective employer by the Minister for Labour;

( c ) is suffering from a disease or disability specified in the Fifth Schedule to this Order;

( d ) has been convicted (whether in the State or otherwise) of an offence punishable under the law of the place of conviction by imprisonment for a maximum period of at least one year;

( e ) not being a citizen of a State specified in the Sixth Schedule to this Order, is not the holder of a valid Irish visa;

( f ) is the subject of a deportation order;

( g ) has been prohibited from landing by order of the Minister under the Aliens Act, 1935 (No. 14 of 1935);

( h ) belongs to a class of aliens prohibited from landing by order of the Minister under the Aliens Act, 1935 ;

( i ) is not in possession of a valid passport or other document which—

(I) establishes his nationality and identity to the officer's satisfaction,

(II) was issued by or on behalf of an authority recognised by the Government, and

(III) does not purport to have been renewed otherwise than by or on behalf of such an authority;

( j ) intends to travel (whether immediately or not) to Great Britain or Northern Ireland and the officer is satisfied that the alien would not qualify for admission to Great Britain or Northern Ireland if he arrived there from a place other than the State; or

( k ) having arrived in the State in the course of his employment as a seaman or as a member of the crew of an aircraft has remained in the State without the leave of an immigration officer after the departure of the ship or aircraft in which he arrived.

(3) An immigration officer who refuses leave to land under paragraph (2) of this Article to an alien shall as soon as may be inform the alien in writing of the ground or grounds in that paragraph on which leave to land is refused.

(4) An alien to whom leave to land has been refused under paragraph (2) of this Article or who is deemed under Article 6 of this Order to be an alien to whom leave to land has been refused may be arrested by an immigration officer or by a member of the Garda Síochána and, where so arrested, may be detained under warrant of that officer or member in any place specified in the Fourth Schedule to this Order by and in the custody of such officer of the Minister or member of the Garda Síochána as is for the time being in charge of that place.

(5) An alien detained under paragraph (4) of this Article may be detained only until such time (being as soon as practicable) as he is removed from the State under Article 7 of this Order.

(6) An immigration officer may attach conditions as to the duration of stay and the engagement in business permitted to an alien granted leave to land, and the alien shall comply with the conditions.

(7) ( a ) This paragraph applies to an alien arriving in the State from Great Britain or Northern Ireland.

( b ) An alien to whom this paragraph applies, who is not a citizen of a State specified in the Sixth Schedule to this Order, shall have a valid Irish visa.

( c ) An alien to whom this paragraph applies and who is coming to engage in employment or to establish himself in business in the State shall within seven days of entering the State—

(I) report in person to the...

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