LegalizeReform history
Immigration Act 1999
2 versions
· 1999-07-07
2023-07-31
IE-1999-act-22 — consolidated version 2023-07-31
Changes on 2023-07-31
@@ -1,6 +1,4 @@
# Immigration Act 1999
##### 1 Interpretation.
##### 1. **Interpretation.**
**1.**—(1) In this Act, except where the context otherwise requires—
@@ -20,15 +18,17 @@
(*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.
##### 2 Orders under Act of 1935.
##### 2. **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.
##### 3 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.
##### 3. **Deportation orders.**
**3.**—(1) Subject to the provisions of *F1[section 3A]* 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.
F2[(1A) A person the subject of a deportation order under this section may be detained in accordance with the provisions of this Act for the purpose of ensuring his or her deportation from the State.]
(2) An order under *subsection (1)* may be made in respect of—
@@ -62,12 +62,18 @@
(*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
(*b*) F3[subject to*subsection (4A)*, 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 deportation 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.
F4[(4A) The provisions of*subsection (4)(b)*shall not apply where—
(*a*) the person has been by a final judgment convicted in the State of a serious offence, or
(*b*) the Minister is of the opinion that there are reasonable grounds for regarding the person as a danger to the security of the State.]
(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,
@@ -106,7 +112,23 @@
(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.
(9) F5[(*a*) (i) Subject to*paragraph (b)*, where the Minister has made a deportation order under this section, the notice under*subsection (3)(b)(ii)*may require the person the subject of the deportation order to do any one or more of the following for the purpose of ensuring his or her deportation from the State:
(I) present himself or herself to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;
(II) produce any travel document, passport, travel ticket or other document in his or her possession required for the purpose of such deportation to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;
(III) co-operate in any way necessary to enable a member of the Garda Síochána or immigration officer to obtain a travel document, passport, travel ticket or other document required for the purpose of such deportation;
(IV) reside or remain in a particular district or place in the State pending removal from the State;
(V) report to a specified Garda Síochána station or immigration officer at specified intervals pending removal from the State;
(VI) notify such member of the Garda Síochána or immigration officer as may be specified in the notice as soon as possible of any change of address.
(ii) Where the notice under*subsection (3)(b)(ii)*contains a requirement to do an act specified in*subparagraph (i)*, a member of the Garda Síochána or immigration officer may, if he or she considers it necessary for the purpose of ensuring the deportation of the person concerned from the State, require the person in writing to do any one or more of the acts specified in*subparagraph (i)*, and any such further requirement shall have effect as if it were a requirement in a notice under*subsection (3)(b)(ii)*.
(iii) A further requirement under*subparagraph (ii)*shall, where necessary and possible, be given to the person concerned in a language that he or she understands.]
(*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—
@@ -120,9 +142,47 @@
(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.
##### 4 Exclusion orders.
F3[(12) In this section—
"serious offence" means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty;
"working day" means any day not being a Saturday, Sunday or public holiday.]
**3A.**—A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—
(*a*) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or
(*b*) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.]
**3B.**—(1) This section applies to a deportation order made in respect of a person—
(*a*) in the period commencing on 31 December 2016 and ending immediately before the date on which this subsection comes into operation, and
(*b*) where, in determining whether to make the deportation order, the Minister considered (including having regard to any representations made in that regard by the person in accordance with*section 3*) whether the deportation of the person from the State would involve the person being returned to the frontier of a territory where—
(i) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or
(ii) there was a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
(2) Subject to*subsection (3)*, the validity of a deportation order to which this section applies, or a notification under*section 3(3)(b)(ii)*in relation to such a deportation order, shall not be affected by reason only of that deportation order or notification—
(*a*) including a statement referring to the Minister’s power under*section 3*to make a deportation order as being subject to a specified enactment,
(*b*) not including a statement referred to in*paragraph (a)*,
(*c*) including a statement that the consideration of the matters referred to in*subparagraph (i)*or*(ii)*of*subsection (1)(b)*was done in compliance with a specified enactment, or
(*d*) referring to the consideration of the matters referred to in*subparagraph (i)*or*(ii)*of*subsection (1)(b)*without specifying the legal basis for such consideration.
(3)*Subsection (2)*shall not apply in respect of a deportation order—
(*a*) that has been quashed or declared invalid by a court on a ground referred to in*paragraph (a)*,*(b)*,*(c)*or*(d)*of that subsection, or
(*b*) the validity of which has been questioned on a ground referred to in*paragraph (a)*,*(b)*,*(c)*or*(d)*of that subsection, in proceedings initiated before the date on which this subsection comes into operation.
(4) In this section, "enactment" has the same meaning as it has in theInterpretation Act 2005.]
##### 4. **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.
@@ -130,47 +190,117 @@
(3) The Minister may by order amend or revoke an order made under this section including an order under this subsection.
##### 5 Arrest, detention and removal of non-nationals.
**5.**—(1) Where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that a person against whom a deportation order is in force has failed to comply with any provision of the order or with a requirement in a notice under *section 3(3)(b)(ii)*, he or she may arrest him or her without warrant and detain him or her in a prescribed place.
(2) A person arrested and detained under *subsection (1)* may be placed on a ship, railway train, road vehicle or aircraft about to leave the State by an immigration officer or a member of the Garda Síochána, and shall be deemed to be in lawful custody whilst so detained and until the ship, railway train, road vehicle or aircraft leaves the State.
(3) The master of any ship and the person in charge of any railway train, road vehicle or aircraft bound for any place outside the State shall, if so required by an immigration officer or a member of the Garda Síochána, receive a person against whom a deportation order has been made and his or her dependants, if any, on board such ship, railway train, road vehicle or aircraft and afford him or her and his or her dependants proper accommodation and maintenance during the journey.
(4) (*a*) *Subsection (1)* shall not apply to a person who is under the age of 18 years.
(*b*) If and for so long as the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of *subsection (1)* shall apply as if he or she had attained the age of 18 years.
(*c*) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting *in loco parentis* or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the health board for the area in which the person is being detained of the detention and of the circumstances thereof.
(5) Where a person detained under this section institutes court proceedings challenging the validity of the deportation order concerned, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more of the following conditions:
(*a*) that the person reside or remain in a particular district or place in the State,
(*b*) that he or she report to a specified Garda Síochána station or immigration officer at specified intervals,
##### 5. **Arrest, detention and removal of non-nationals.**
**F9[5.**—(1) Where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that a person against whom a deportation order is in force—
(*a*) has failed to leave the State within the time specified in the order,
(*b*) has failed to comply with any other provision of the order or with a requirement in a notice under*section 3(3)(b)(ii)*,
(*c*) intends to leave the State and enter another state without lawful authority,
(*d*) has destroyed his or her identity documents or is in possession of forged identity documents, or
(*e*) intends to avoid removal from the State,
the officer or member may arrest the person without warrant, and a person so arrested may be taken to a place referred to in*subsection (3)*and detained in the place in accordance with that subsection.
(2) Where a person against whom a deportation order is in force is serving a term of imprisonment in a prison or place of detention, an immigration officer or a member of the Garda Síochána may, immediately on completion by the person of the term of imprisonment, arrest the person without warrant and detain him or her in accordance with*subsection (3)*.
(3) A person who is arrested and detained under*subsection (1)*or*(2)*may be detained—
(*a*) in a prescribed place, or
(*b*) for the purpose of his or her being placed in accordance with*subsection (4)*and for a period or periods each not exceeding 12 hours—
(i) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or
(ii) within the port referred to in*subparagraph (i)*.
(4) A person arrested and detained under*subsection (1)*or*(2)*may be placed on a ship, railway train, road vehicle or aircraft about to leave the State by an immigration officer or a member of the Garda Síochána, and shall be deemed to be in lawful custody whilst so detained and until the ship, railway train, road vehicle or aircraft leaves the State.
(5) The master of any ship and the person in charge of any railway train, road vehicle or aircraft bound for any place outside the State shall, if so required by an immigration officer or a member of the Garda Síochána, receive a person against whom a deportation order has been made and his or her dependants, if any, on board such ship, railway train, road vehicle or aircraft and afford him or her and his or her dependants proper accommodation and maintenance during the journey.
(6) (*a*)*Subsections (1)*and*(2)*shall not apply to a person who is under the age of 18 years.
(*b*) If and for so long as the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of*subsections (1)*and*(2)*shall apply as if he or she had attained the age of 18 years.
(*c*) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in loco parentis or any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Child and Family Agency of the detention and of the circumstances thereof.
(7) Where a person detained under this section institutes court proceedings challenging the validity of the deportation order concerned, or of a decision by the Minister under*section 3(11)*in relation to the order, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more of the following conditions:
(*a*) that the person reside or remain in a particular district or place in the State;
(*b*) that he or she report to a specified Garda Síochána station or immigration officer at specified intervals;
(*c*) that he or she surrender any passport or travel document in his or her possession.
(6) (*a*) A person shall not be detained under this section for a period or periods exceeding 8 weeks in aggregate.
(*b*) The following periods shall be excluded in reckoning a period for the purpose of *paragraph (a)*:
(i) any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment,
(ii) any period spent by the person on board a ship, railway train, road vehicle or aircraft pursuant to this section, and
(iii) if the person has instituted court proceedings challenging the validity of the deportation order concerned, any period spent by the person in a place of detention between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving thereof and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.
##### 6 Service of notices.
**6.**—Where a notice is required or authorised by or under this Act to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in some one of the following ways:
(*a*) where it is addressed to him or her by name, by delivering it to him or her, or
(*b*) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her to the Minister or, in a case in which an address for service has been furnished, at that address.
##### 7 Regulations.
(8) (*a*) Subject to*subsections (9)*and*(10)*, a person shall not be detained under this section for a period or periods exceeding 8 weeks in aggregate.
(*b*) The following periods shall be excluded in reckoning a period for the purpose of*paragraph (a)*:
(i) any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment;
(ii) any period spent by the person in a vehicle referred to in*subsection (3)(b)(i)*or on board a ship, railway train, road vehicle or aircraft pursuant to this section; and
(iii) if the person has instituted court proceedings challenging the validity of the deportation order concerned, or a decision by the Minister under*section 3(11)*in relation to the order, any period spent by the person in a place of detention between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving thereof and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.
(*c*) Periods of detention of a person under this section may be aggregated for the purposes of*paragraph (a)*only where the person concerned has, between the expiry of the earliest occurring period and the commencement of the latest occurring period, not left the State.
(9) (*a*) This paragraph applies to a person against whom a deportation order is in force who—
(i) has previously been detained under this section, and
(ii) not having left the State since the expiry of the latest period of his or her detention referred to in*subparagraph (i)*, is arrested and detained under*subsection (1)*or*(2)*.
(*b*) Where the aggregate of the period or periods of his or her detention referred to in*paragraph (a)(i)*and the period of his or her detention referred to in*paragraph (a)(ii)*is 8 weeks, a person to whom*paragraph (a)*applies shall continue to be detained under this section only with the leave of a judge of the District Court.
(*c*) Where the detention of a person is authorised under*paragraph (b)*, the period of his or her detention referred to in*paragraph (a)(i)*shall be excluded in reckoning, for the purposes of*subsection (8)(a)*, the period of his or her detention referred to in*paragraph (a)(ii)*.
(10) (*a*)*Paragraph (b)*shall apply to the arrest and detention under this section of a person who has previously been detained under this section, where the period, or the aggregate of the periods, of the previous detention is 8 weeks or more.
(*b*) Where a person to whom*paragraph (a)*applies is arrested and detained under*subsection (1)*or*(2)*—
(i) he or she shall, as soon as practicable, be brought before a judge of the District Court, and
(ii) he or she shall continue to be detained under this section only with the leave of a judge of the District Court.
(11) For the purposes of arresting a person under*subsection (1)*or*(2)*, the immigration officer or member of An Garda Síochána may enter (if necessary, by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or the member, with reasonable cause, suspects that person to be, and where the premises is a dwelling, the immigration officer or the member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or the member to be in charge of the dwelling, enter that dwelling unless—
(*a*) the person ordinarily resides at that dwelling, or
(*b*) he or she believes on reasonable grounds that the person is within the dwelling.]
##### 6. **Service of notices.**
**6.**—F11[(1)] Where a notice is required or authorised by or under this Act to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in some one of the following ways:
(*a*) where it is addressed to him or her by name, by delivering it to him or F12[her,]
(*b*) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her F13[toF14[a registration officer (within the meaning of theImmigration Act 2004) pursuant to section 9 of that Act, or to the Minister pursuant to section 16 (3)(c) of theInternational Protection Act 2015], as the case may be] or, in a case in which an address for service has been furnished, F12[at that address, or]
F15[(*c*) by sending it to him or her by electronic means in accordance with*subsection (1A)*, in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.]
F15[(1A) For the purposes of*subsection (1)(c)*, a notice is sent to a person by electronic means in accordance with this subsection—
(*a*) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or
(*b*) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.]
F16[(2) Where a notice under this Act has been sent to a person in accordance with—
(*a*)*paragraph (b)*of*subsection (1)*, the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and
(*b*)*paragraph (c)*of*subsection (1)*, the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.]
F15[(3) In this section—
"electronic interface" means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;
"registration officer" has the same meaning as it has in the Immigration Act 2004.]
##### 7. **Regulations.**
**7.**—(1) The Minister may—
@@ -180,7 +310,7 @@
(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
##### 8 Obstruction etc.
##### 8. **Obstruction etc.**
**8.**—(1) A person against whom a deportation order has been made—
@@ -192,15 +322,15 @@
(2) A person who contravenes this section shall be guilty of an offence.
##### 9 Penalties.
##### 9. **Penalties.**
**9.**—A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.
##### 10 Increase of certain penalties under Act of 1935.
##### 10. **Increase of certain penalties under Act of 1935.**
**10.**—Section 6(1) of the Act of 1935 is hereby amended by the substitution for “shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months, and the Court, before which such person is so convicted, may, either in addition to or in lieu of any such fine or imprisonment,” of “shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, and the Court, before which such person is so convicted, may, either in addition to or in lieu of any such fine or imprisonment or both,”.
##### 11 Amendment of Refugee Act, 1996.
##### 11. **Amendment of Refugee Act, 1996.**
**11.**—(1) The Refugee Act, 1996, is hereby amended—
@@ -216,36 +346,67 @@
(*b*) by the insertion of the following section after section 7:
| “Establishment of Refugee Advisory Board. | 7A. —(1) There shall be a board to be known as the Refugee Advisory Board (in this Act referred to as ‘the Board’) to perform the functions conferred on it by this Act. |
| --- | --- |
| | (2) The Board shall be independent in the performance of its functions. |
| | (3) The provisions of the Schedule to this section shall have effect in relation to the Board. |
| | (4) (*a*) The Board shall, in every second year beginning with the year 2001, prepare and submit to the Minister a report in writing on the operation in the preceding 2 years of this Act and may include in the report information and comment in respect of asylum policy and refugees including any proposals to amend legislation and recommendations regarding the practice or procedures of public or private bodies in relation to applicants and any other matters relating to such operation coming to its attention to which it considers that his or her attention should be drawn and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas. |
| | (*b*) The Board shall, at the request of the Minister, prepare and furnish to him or her a report in writing on such matters relating to the performance of its functions as the Minister may specify and as soon as may be after the receipt by the Minister of the report, he or she shall cause a copy of it to be laid before each House of the Oireachtas. |
| | (5) The Commissioner shall, whenever so requested by the Board, furnish to the Board information in relation to such matters as the Board may specify relating to the performance of its functions. |
| *Subsection (3).* | SCHEDULE |
| | Refugee Advisory Board |
| | 1. The Board shall consist of a chairperson and 14 ordinary members who shall be appointed to be members of the Board by the Minister. |
| | 2. The Commissioner shall be a member of the Board and shall act as secretary to the Board. |
| | 3. Of the members of the Board— |
| | (*a*) one shall be a representative of the Minister nominated by the Minister, |
| | (*b*) one shall be a representative of the Minister for Foreign Affairs nominated by the Minister for Foreign Affairs, |
| | (*c*) one shall be a representative of the Minister for Social, Community and Family Affairs nominated by the Minister for Social, Community and Family Affairs, |
| | (*d*) one shall be a representative of the Minister for Education and Science nominated by the Minister for Education and Science, |
| | (*e*)one shall be a representative of the Minister for Health and Children nominated by the Minister for Health and Children, |
| | (*f*) one shall be a representative of the Minister for the Environment and Local Government nominated by the Minister for the Environment and Local Government, |
| | (*g*) one shall be a representative of the Minister for Enterprise, Trade and Employment nominated by the Minister for Enterprise, Trade and Employment, |
| | (*h*) six shall be women and six shall be men. |
| | 4. The High Commissioner shall be given not less than 7 days' notice in writing of the date and time of each meeting of the Board and shall be entitled to be present at and heard at each meeting either in person or through a representative. |
| | 5. In the selection of persons for appointment to membership of the Board regard shall be had to— |
| | (*a*) the desirability of ensuring that a person or persons representative of refugees and applicants is or are appointed to membership of the Board, and |
| | (*b*) the person's interest in or knowledge of asylum and the provision of protection and assistance to refugees or his or her competence otherwise to assist the Board in the performance of its functions. |
| | 6. Subject to the provisions of this Schedule, the members of the Board shall hold office upon such terms and conditions as the Minister may determine. |
| | 7. The term of office of a member of the Board shall be 5 years and, subject to the provisions of this Schedule, a member shall be eligible for reappointment. |
| | 8. Where a casual vacancy occurs among the members of the Board, the Minister may appoint a person to be a member of the Board to fill the vacancy and a member so appointed shall hold office for the remainder of the term of office for which his or her predecessor had been appointed, and the person shall be so appointed in the manner specified in paragraph 3 or 5, as the case may be, in which such predecessor was so appointed. |
| | 9. Members of the Board shall be paid such remuneration and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine. |
| | 10. The Minister may remove from office any member of the Board who, in the opinion of the Minister, has become incapable through illness of effectively performing his or her functions or has committed stated misbehaviour. |
| | 11. The Board shall meet at least four times a year.”, |
“Establishment of Refugee Advisory Board.
7A. —(1) There shall be a board to be known as the Refugee Advisory Board (in this Act referred to as ‘the Board’) to perform the functions conferred on it by this Act.
(2) The Board shall be independent in the performance of its functions.
(3) The provisions of the Schedule to this section shall have effect in relation to the Board.
(4) (*a*) The Board shall, in every second year beginning with the year 2001, prepare and submit to the Minister a report in writing on the operation in the preceding 2 years of this Act and may include in the report information and comment in respect of asylum policy and refugees including any proposals to amend legislation and recommendations regarding the practice or procedures of public or private bodies in relation to applicants and any other matters relating to such operation coming to its attention to which it considers that his or her attention should be drawn and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.
(*b*) The Board shall, at the request of the Minister, prepare and furnish to him or her a report in writing on such matters relating to the performance of its functions as the Minister may specify and as soon as may be after the receipt by the Minister of the report, he or she shall cause a copy of it to be laid before each House of the Oireachtas.
(5) The Commissioner shall, whenever so requested by the Board, furnish to the Board information in relation to such matters as the Board may specify relating to the performance of its functions.
Subsection (3).
SCHEDULE
Refugee Advisory Board
1. The Board shall consist of a chairperson and 14 ordinary members who shall be appointed to be members of the Board by the Minister.
2. The Commissioner shall be a member of the Board and shall act as secretary to the Board.
3. Of the members of the Board—
(*a*) one shall be a representative of the Minister nominated by the Minister,
(*b*) one shall be a representative of the Minister for Foreign Affairs nominated by the Minister for Foreign Affairs,
(*c*) one shall be a representative of the Minister for Social, Community and Family Affairs nominated by the Minister for Social, Community and Family Affairs,
(*d*) one shall be a representative of the Minister for Education and Science nominated by the Minister for Education and Science,
(*e*)one shall be a representative of the Minister for Health and Children nominated by the Minister for Health and Children,
(*f*) one shall be a representative of the Minister for the Environment and Local Government nominated by the Minister for the Environment and Local Government,
(*g*) one shall be a representative of the Minister for Enterprise, Trade and Employment nominated by the Minister for Enterprise, Trade and Employment,
(*h*) six shall be women and six shall be men.
4. The High Commissioner shall be given not less than 7 days' notice in writing of the date and time of each meeting of the Board and shall be entitled to be present at and heard at each meeting either in person or through a representative.
5. In the selection of persons for appointment to membership of the Board regard shall be had to—
(*a*) the desirability of ensuring that a person or persons representative of refugees and applicants is or are appointed to membership of the Board, and
(*b*) the person's interest in or knowledge of asylum and the provision of protection and assistance to refugees or his or her competence otherwise to assist the Board in the performance of its functions.
6. Subject to the provisions of this Schedule, the members of the Board shall hold office upon such terms and conditions as the Minister may determine.
7. The term of office of a member of the Board shall be 5 years and, subject to the provisions of this Schedule, a member shall be eligible for reappointment.
8. Where a casual vacancy occurs among the members of the Board, the Minister may appoint a person to be a member of the Board to fill the vacancy and a member so appointed shall hold office for the remainder of the term of office for which his or her predecessor had been appointed, and the person shall be so appointed in the manner specified in paragraph 3 or 5, as the case may be, in which such predecessor was so appointed.
9. Members of the Board shall be paid such remuneration and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.
10. The Minister may remove from office any member of the Board who, in the opinion of the Minister, has become incapable through illness of effectively performing his or her functions or has committed stated misbehaviour.
11. The Board shall meet at least four times a year.”,
(*c*) in section 8, by—
@@ -311,13 +472,19 @@
(*e*) by the insertion after section 9 of the following section:
| “Powers of authorised officers and immigration officers. | 9A.—(1) An authorised officer or an immigration officer may, for the purposes of this Act, take or cause to be taken the fingerprints of an applicant above the age of 14 years. |
| --- | --- |
| | (2) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) shall be deemed not to have made reasonable efforts to establish his or her true identity within the meaning of section 9(8)(*c*) and to have deliberately obstructed the investigation of his or her application within the meaning of section 12(4)(*f*). |
| | (3) Every fingerprint of an applicant taken pursuant to subsection (1) and every copy thereof shall, if not previously destroyed, be destroyed— |
| | (*a*) in case the applicant becomes a citizen of the State, before the expiration of one month after the granting of the certificate of naturalisation or of Irish citizenship to him or her or the acknowledgement by the Minister of the validity of his or her declaration accepting Irish citizenship, as the case may be; |
| | (*b*) in any other case, before the expiration of 10 years after the taking of such fingerprints. |
| | (4) Information obtained pursuant to subsection (1) may be communicated to convention countries as if it was information to which section 22(9) relates.”, |
“Powers of authorised officers and immigration officers.
9A.—(1) An authorised officer or an immigration officer may, for the purposes of this Act, take or cause to be taken the fingerprints of an applicant above the age of 14 years.
(2) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) shall be deemed not to have made reasonable efforts to establish his or her true identity within the meaning of section 9(8)(*c*) and to have deliberately obstructed the investigation of his or her application within the meaning of section 12(4)(*f*).
(3) Every fingerprint of an applicant taken pursuant to subsection (1) and every copy thereof shall, if not previously destroyed, be destroyed—
(*a*) in case the applicant becomes a citizen of the State, before the expiration of one month after the granting of the certificate of naturalisation or of Irish citizenship to him or her or the acknowledgement by the Minister of the validity of his or her declaration accepting Irish citizenship, as the case may be;
(*b*) in any other case, before the expiration of 10 years after the taking of such fingerprints.
(4) Information obtained pursuant to subsection (1) may be communicated to convention countries as if it was information to which section 22(9) relates.”,
(*f*) in section 10, by the substitution of “the Tribunal” for “the Appeal Board” in each place where it occurs,
@@ -465,7 +632,9 @@
“FIRST SCHEDULE
*Section 6.*
Section 6.
Refugee Applications Commissioner
1. The position of Commissioner shall be a position in the Civil Service (within the meaning of the Civil Service Commissioners Act, 1956) and a person shall not be appointed to be the Commissioner unless the Civil Service Commissioners, within the meaning aforesaid, after holding a competition under section 15 of that Act, have, under section 17 of that Act, selected him or her for appointment to the position.
@@ -501,7 +670,9 @@
“SECOND SCHEDULE
*Section 15.*
Section 15.
Refugee Appeals Tribunal
1. The Tribunal shall consist of the following members—
@@ -537,16 +708,11 @@
(2) This section shall come into operation on such day or days as by order or orders made by the Minister under this section may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
##### 12 Laying of regulations before Houses of Oireachtas.
##### 12. **Laying of regulations before Houses of Oireachtas.**
**12.**—Every order under *section 4* or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
##### 13 Short title.
##### 13. **Short title.**
**13.**—This Act may be cited as the Immigration Act, 1999.
## SCHEDULE
Article 13 of the Aliens Order, 1946 (S.R. & O., No. 395 of 1946).
Aliens (Visas) Order, 1999 (S.I. No. 25 of 1999).
1999-07-07
Immigration Act 1999
original version
Text at this date