Immigration Act 1999 (Deportation) Regulations, 2005

JurisdictionIreland
CitationIR SI 55/2005
Year2005

STATUTORY INSTRUMENTS.

S.I. No. 55 of 2005 .


IMMIGRATION ACT 1999 (DEPORTATION) REGULATIONS 2005.

S.I. No. 55 of 2005 .

IMMIGRATION ACT 1999 (DEPORTATION) REGULATIONS 2005.

I, MICHAEL McDOWELL, Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by section 7 of the Immigration Act 1999 ( No. 22 of 1999 ) hereby make the following regulations:

1.—These Regulations may be cited as the Immigration Act 1999 (Deportation) Regulations 2005.

2.—In these Regulations “the Act” means the Immigration Act 1999 (No. 22 of 1999) as amended by the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000) and the Immigration Act 2004 (No. 1 of 2004).

3.— The Immigration Act 1999 (Deportation) Regulations 2002 ( S.I. No. 103 of 2002 ) are hereby revoked.

4.—The form set out in the First Schedule to these Regulations is hereby prescribed for the purposes of section 3(7 of the Act.

5.—Each place listed in the Second Schedule to these Regulations and every Garda Síochána station is a place prescribed for the purposes of section 5(1) of the Act.

6.—Immigration officers and members of the Garda Síochána are hereby authorised to deport a person from the State under the Act.

7.—Where an immigration officer or member of the Garda Síochána arrests a person pursuant to section 5(1) of the Act and where he or she proposes to detain the person in a prescribed place, he or she shall, in writing, inform the Member in Charge, in the case of a Garda Síochána station or the Governor, in any other case, of the arrest and direct that the person be detained until further notice.

FIRST SCHEDULE

DEPORTATION ORDER

WHEREAS it is provided by subsection (1) of section 3 of the Immigration Act 1999 ( No. 22 of 1999 ) that, subject to the provisions of section 5 (prohibition of refoulement) of the Refugee Act 1996 (No. 17 of 1996 and the subsequent provisions of the said section 3, the Minister for Justice Equality and Law Reform may by order require a 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;

WHEREAS ............................. [insert name of person] is a person in respect of whom a deportation order may be made under subsection (2 [insert applicable paragraphs] of the said section 3;

AND WHEREAS the provisions of section 5 (prohibition of refoulement of the Refugee Act 1996 and the provisions of the...

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