Immigration Act, 1999

JurisdictionIreland


Number 22 of 1999


IMMIGRATION ACT, 1999


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Orders under Act of 1935.

3.

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


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


Number 22 of 1999


IMMIGRATION ACT, 1999


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:

Interpretation.

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.—(1) Every order made before the passing of this Act under section 5 of the Act of 1935 other than the orders or provisions of orders specified in the Schedule to this Act shall have statutory effect as if it were an Act of the Oireachtas.

(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.

Deportation orders.

3.—(1) Subject to the provisions of section 5 (prohibition of refoulement) of the Refugee Act, 1996 , and the subsequent provisions of this section, the Minister may by order (in this Act referred to as “a deportation order”) require any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State.

(2) An order under subsection (1) may be made in respect of—

(a) a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State,

(b) a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence,

(c) a person who has been required to leave the State under Regulation 14 of the European Communities (Aliens) Regulations, 1977 ( S.I. No. 393 of 1977 ),

(d) a person to whom Regulation 19 of the European Communities (Right of Residence for Non-Economically Active Persons) Regulations, 1997 ( S.I. No. 57 of 1997 ) applies,

(e) a person whose application for asylum has been transferred to a convention country for examination pursuant to section 22 of the Refugee Act, 1996 ,

(f) a person whose application for asylum has been refused by the Minister,

(g) a person to whom leave to land in the State has been refused,

(h) a person who, in the opinion of the Minister, has contravened a restriction or condition imposed on him or her in respect of landing in or entering into or leave to stay in the State,

(i) a person whose deportation would, in the opinion of the Minister, be conducive to the common good.

(3) (a) Subject to subsection (5), where the Minister proposes to make a deportation order, he or she shall notify the person concerned in writing of his or her proposal and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that he or she understands.

(b) A person who has been notified of a proposal under paragraph (a) may, within 15 working days of the sending of the notification, make representations in writing to the Minister and the Minister shall—

(i) before deciding the matter, take into consideration any representations duly made to him or her under this paragraph in relation to the proposal, and

(ii) notify the person in writing of his or her decision and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that the person understands.

(4) A notification of a proposal of the Minister under subsection (3) shall include—

(a) a statement that the person concerned may make representations in writing to the Minister within 15 working days of the sending to him or her of the notification,

(b) a statement that the person may leave the State before the Minister decides the matter and shall require the person to so inform the Minister in writing and to furnish the Minister with information concerning his or her arrangements for leaving,

(c) a statement that the person may consent to the making of the deporation order within 15 working days of the sending to him or her of the notification and that the Minister shall thereupon arrange for the removal of the person from the State as soon as practicable, and

(d) any other information which the Minister considers appropriate in the circumstances.

(5) The provisions of subsection (3) shall not apply to—

(a) a person who has consented in writing to the making of a deportation order and the Minister is satisfied that he or she understands the consequences of such consent,

(b) a person to whom paragraph (c), (d) or (e) of subsection (2) applies, or

(c) a person who is outside the State.

(6) In determining whether to make a deportation order in relation to a person, the Minister shall have regard to—

(a) the age of the person;

(b) the duration of residence in the State of the person;

(c) the family and domestic circumstances of the person;

(d) the nature of the person's connection with the State, if any;

(e) the employment (including self-employment) record of the person;

(f) the employment (including self-employment) prospects of the person;

(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions);

(h) humanitarian considerations;

(i) any representations duly made by or on behalf of the person;

(j) the common good; and

(k) considerations of national security and public policy,

so far as they appear or are known to the Minister.

(7) A deportation order shall be in the form prescribed or in a form in the like effect.

(8) Where a person who has consented in writing to the making of a deportation order is not deported from the State within 3 months of the making of the order, the order shall cease to have effect.

(9) (a) Subject to paragraph (b), where the Minister decides to make a deportation order under this section, the notice under subsection (3)(b)(ii) shall require the person concerned to present himself or herself to such person and at such date, time and place as may be specified in the notice for the purpose of his or her deportation from the State.

(b) A person who is ordinarily resident in the State and has been so resident for a period (whether partly before and partly after the passing of this Act or wholly after such passing) of not less than 5 years and is for the time being employed in the State or engaged in business or the practice of a profession in the State other than—

(i) a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State, or

(ii) a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence,

shall not be deported from the State under this section unless 3 months' notice in writing of such deportation has been given by the Minister to such person.

(10) A person who contravenes a provision of a deportation order or a requirement in a notice under subsection (3)(b)(ii) shall be guilty of an offence.

(11) The Minister may by order amend or revoke an order made under this section including an order under this subsection.

(12) In this section “working day” means any day not being a Saturday, Sunday or public holiday.

Exclusion orders.

4.—(1) The Minister may, if he or she considers it necessary in the interest of national security or public policy, by order (referred to in this Act as an “exclusion order”) exclude any non-national specified in the order from the State.

(2) A person who contravenes a provision of an exclusion order shall be guilty of an offence.

(3) The Minister may by order amend or revoke an order made under this section including an order under this subsection.

Arrest, detention and removal of...

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