Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

“Prohibition of refoulement

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.

Provision in relation to certain deportation orders

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 the Interpretation Act 2005.”.

96. Amendment of section 5 of Immigration Act 2003

96. Section 5 of the Immigration Act 2003 is amended, in subsection (1), by the substitution of “section 3A of the Immigration Act 1999” for “section 5 of the Refugee Act 1996”.

97. Application for visa: taking of fingerprints

97. The Immigration Act 2004 is amended by the insertion of the following section after section 17:

“17A. (1) The Minister or an immigration officer, where he or she considers it necessary for the purpose of ensuring the integrity of the immigration system or the operation of an arrangement relating to the Common Travel Area, may take or cause to be taken the fingerprints of a person for the purpose of the person’s application for an Irish visa or an Irish transit visa.

• (2) The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).

• (3) In this section—

‘arrangement relating to the Common Travel Area’ has the meaning assigned to it by section 20 of the International Protection Act 2015;

‘Irish visa’ and ‘Irish transit visa’ have the meanings assigned to them by the Immigration Act 2003.”.

PART 15 Miscellaneous

98. Interpretation of reference to Member State in enactments in certain circumstances

98. (1) Where, immediately before the coming into operation of this Part, a reference in an enactment to a Member State included a reference to the United Kingdom by virtue of that state being a Member State of the European Communities or of the European Union, then, on the coming into operation of this Part, the reference in the enactment shall, in so far as is necessary to give effect to the terms of a withdrawal agreement, continue to include a reference to the United Kingdom.

• (2) A reference to a Member State in an enactment that comes into operation at the same time as, or at any time after, the coming into operation of this Part shall, in so far as is necessary to give effect to the terms of a withdrawal agreement, include a reference to the United Kingdom.

• (3) Subsection (1) applies whether the enactment concerned came into operation before, on the same day as or after the commencement of the Act of 2005.

• (4) Subsections (1) and (2) apply notwithstanding section 21(2) of, and Part 2 of the Schedule to, the Act of 2005 in so far as they relate to the meaning thereby assigned to “Member State”.

• (5) In this section—

“Act of 2005” means the Interpretation Act 2005;

“enactment” has the same meaning as it has in the Act of 2005;

“withdrawal agreement” means an agreement concluded under Article 50 of the Treaty on European Union between the United Kingdom on the one part and the European Union on the other part setting out the arrangements for the withdrawal of the United Kingdom from membership of the European Union.

Footnotes