Immigration Act 2003 UK

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Number 26 of 2003

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IMMIGRATION ACT 2003

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ARRANGEMENT OF SECTIONS

Section1. Interpretation.

2. Liability of carriers.

3. Provisions in relation to offences.

4. Amendment of Aliens Act 1935.

5. Removal from the State of persons refused leave to land.

6. Offences by bodies corporate.

7. Amendment of Refugee Act 1996.

8. Exchange of information.

9. Approved port.

10. Amendment of Illegal Immigrants (Trafficking) Act 2000.

11. Regulations.

12. Expenses.

13. Short title and commencement.

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[No. 26.] Immigration Act 2003. [2003.]

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Acts Referred to

Aliens Act 1935 1935, No. 14Companies Acts 1963 to 2001Criminal Justice (United Nations Convention against Torture) 2000, No. 11

Act 2000Illegal Immigrants (Trafficking) Act 2000 2000, No. 29Immigration Act 1999 1999, No. 22Local Government Act 2001 2001, No. 37Refugee Act 1996 1996, No. 17Road Traffic Act 1961 1961, No. 24

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Number 26 of 2003

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IMMIGRATION ACT 2003

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AN ACT TO MAKE PROVISION IN RELATION TO THE CON-TROL OF ENTRY INTO THE STATE OF NON-NATIONALS,TO AMEND THE REFUGEE ACT 1996 AND TO PROVIDEFOR RELATED MATTERS. [14th July, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act, except where the context otherwise requires—

‘‘the Act of 1935’’ means the Aliens Act 1935;

‘‘carrier’’, in relation to a vehicle, means—

(a) the owner of the vehicle, or

(b) in relation to a mechanically propelled vehicle, ship or boat,the person in charge of the vehicle;

‘‘immigration officer’’ means an immigration officer appointed underthe Aliens Order 1946 (S.R. & O., No. 395 of 1946);

‘‘Irish transit visa’’ means an endorsement made on a passport ortravel document other than an Irish passport or Irish travel docu-ment for the purposes of indicating that the holder thereof is author-ised to arrive at a port in the State for purposes of passing throughthe port in order to travel to another state subject to any other con-ditions of arrival being fulfilled;

‘‘Irish visa’’ means an endorsement made on a passport or traveldocument other than an Irish passport or Irish travel document forthe purposes of indicating that the holder thereof is authorised toland in the State subject to any other conditions of landing beingfulfilled;

‘‘the Minister’’ means the Minister for Justice, Equality and LawReform;

‘‘non-national’’ has the meaning assigned to it by the ImmigrationAct 1999;

‘‘owner’’, in relation to a vehicle, includes any part owner, charterer,manager or operator of the vehicle;

‘‘port’’ includes any place whether on a land or sea frontier where aperson lands in or embarks from the State;

‘‘prescribed’’ means prescribed by regulations made by the Minister;

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Interpretation.

[No. 26.] Immigration Act 2003. [2003.]S.1

Liability of carriers.

4

‘‘vehicle’’ includes any ship, boat, railway train, aircraft or mechan-ically propelled vehicle within the meaning of the Road Traffic Act1961.

(2) In this Act—

(a) a reference to any enactment shall, unless the context other-wise requires, be construed as a reference to that enact-ment as amended or extended by or under any sub-sequent enactment including this Act,

(b) a reference to a section is a reference to a section of thisAct unless it is indicated that reference to some otherenactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is areference to the subsection, paragraph or subparagraphof the provision in which the reference occurs unless it isindicated that reference to some other provision isintended.

2.—(1) Where a vehicle arrives in the State from a place otherthan Great Britain, Northern Ireland, the Channel Isles or the Isleof Man the carrier concerned shall ensure—

(a) that all persons on board the vehicle seeking to land in theState or to pass through a port in the State in order totravel to another state disembark in compliance with anydirections given by immigration officers,

(b) that all persons on board the vehicle seeking to land in theState are presented to an immigration officer for examin-ation in respect of leave to land,

(c) that each non-national on board the vehicle seeking to landin the State or to pass through a port in the State in orderto travel to another state has with him or her a validpassport or other equivalent document which establisheshis or her identity and nationality and, if required by law,a valid Irish transit visa or a valid Irish visa.

(2) A person who contravenes paragraph (a), (b) or (c) of subsec-tion (1) shall be guilty of an offence and, where a contravention bythe person relates to more than one non-national, each such contra-vention shall constitute a separate offence.

(3) Where a vehicle arrives in the State from a place outside theState the carrier concerned shall, if so requested by an immigrationofficer, furnish him or her with—

(a) a list specifying the name and nationality of each personcarried on board the vehicle in such form, and containingsuch other information relating to the identity of the per-son, as may be prescribed,

(b) details of the members of the crew of the vehicle.

(4) A person who contravenes paragraph (a) or (b) of subsection(3) shall be guilty of an offence.

[2003.] Immigration Act 2003. [No. 26.]S.2(5) It shall be a defence for a person charged with an offence

under this section to show that he or she took all such steps as werereasonably open to him or her to ensure compliance with the pro-visions of this Act.

(6) It shall be a defence for a person charged with an offenceunder this section consisting of a contravention of paragraph (c) ofsubsection (1) to show—

(a) that the non-national concerned had with him or her therelevant document before embarking on the vehicle con-cerned, or

(b) that he or she did not know and had no reasonable groundsfor suspecting that the document was invalid.

(7) A person guilty of an offence under this section shall be liableon summary conviction to a fine of \3,000.

(8) The Minister may from time to time draw up and publishguidelines concerning steps to be taken by carriers to ensure com-pliance by them with this Act.

(9) This section is without prejudice to the provisions of sections8, 9 and 24 of the Refugee Act 1996 and to the discretion of theMinister to admit to the State a person whom the Minister considersto be in need of the protection of the State.

3.—(1) Where an immigration officer has reasonable grounds forbelieving that an offence under section 2 is being or has been commit-ted by a person he or she shall serve, or cause to be served, person-ally or by post, on the person a notice in the prescribed form or in aform to the like effect stating—

(a) that the person is alleged to have committed the offence,

(b) that the person may, during the period of 28 days beginningon the date of the notice, make to a member of the GardaSıochana or an authorised person at a Garda Sıochanastation or at another place specified in the notice a pay-ment of \1,500 accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will notbe instituted during the period specified in the notice and,if the payment specified in the notice is being made dur-ing that period, no prosecution in respect of the allegedoffence will be instituted.

(2) Where a notice is served under subsection (1)—

(a) a person to whom the notice applies may, during the periodspecified in the notice, make to a member of the GardaSıochana or an authorised person at a Garda Sıochanastation or at another place specified in the notice the pay-ment specified in the notice, accompanied by the notice,

(b) the member or the authorised person may receive the pay-ment and issue a receipt for it and the money so receivedshall be paid into or disposed of for the benefit of theExchequer in such manner as the Minister for Finance

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Provisions inrelation to offences.


Amendment ofAliens Act 1935.

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directs and no payment so received shall in any circum-stances be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence shall not beinstituted in the period specified in the notice, and, if thepayment specified in the notice is made during that per-iod, no prosecution in respect of the alleged offence shallbe instituted.

(3) In a prosecution for an offence under section 2, it shall bepresumed, until the contrary is shown by the accused person, that apayment pursuant to a notice under this section accompanied by thenotice has not been made.

(4) In this section ‘‘authorised person’’ means a person appointedby the Minister to be an authorised person for the purposes of thissection.

4.—The Aliens Act 1935 is hereby amended by the substitution ofthe following section for section 7:

‘‘Entry, search and 7.—(1) Where, on the sworn information ofseizure. a member of the Garda Sıochana not below

the rank of sergeant, a judge of the DistrictCourt is satisfied that—

(a) it is reasonably necessary for the pur-pose of the enforcement of—

(i) an aliens order, or

(ii) an order under section 3 or 4 ofthe Immigration Act 1999(‘the Act of 1999’),

that a place specified in the infor-mation should be searched bymembers of the Garda Sıochana, or

(b) there are reasonable grounds for sus-pecting that evidence of or relatingto an offence under section 6 orsection 3, 4 or 8 of the Act of 1999is to be found at a place specifiedin the information,

the judge may issue a warrant for the search ofthat place and any persons found at that place.

(2) A warrant issued under this section shallauthorise a named member of the GardaSıochana, alone or accompanied by such othermembers of the Garda Sıochana and suchother persons as may be necessary—

(a) to enter, within 7 days from the dateof the warrant, and if necessary bythe use of reasonable force, theplace named in the warrant,

[2003.] Immigration Act 2003. [No. 26.]S.4(b) to search it and any persons found

there, and

(c) to seize anything found there, or any-thing found in the possession of a personpresent there at the time of the search, whichthat member reasonably believes to be evi-dence of or relating to an offence undersection 6 or section 3, 4 or 8 of the Act of 1999.

(3) A member of the Garda Sıochana actingin accordance with a warrant issued under thissection may require any person found at theplace where the search is carried out to givethe member his or her name and address.

(4) Any person who—

(a) obstructs or attempts to obstruct anymember of the Garda Sıochanaacting in accordance with a warrantissued under subsection (1),

(b) fails or refuses to comply with arequirement under this section, or

(c) gives a name or address which is falseor misleading,

shall be guilty of an offence and shall be liableon summary conviction to a fine not exceeding\3,000 or to imprisonment for a term notexceeding 12 months or both.

(5) A member of the Garda Sıochana mayarrest without warrant any person whom themember reasonably suspects of having com-mitted an offence under subsection (4).

(6) In this section, ‘place’ includes anydwelling, any building or part of a building andany vehicle, vessel, structure or container usedor intended to be used for the carriage ofgoods by road.’’.

5.—(1) Subject to section 5 of the Refugee Act 1996 and section4 of the Criminal Justice (United Nations Convention againstTorture) Act 2000, this section applies to—

(a) a non-national to whom leave to land has been refusedunder Article 5(2) of the Aliens Order 1946 (SR&O 1946No. 395) (‘‘the Order’’),

(b) a non-national who has failed to comply with Article 5(1)of the Order,

(c) a non-national who has entered the State in contraventionof Article 6 of the Order,

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Removal from theState of personsrefused leave toland.


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(d) a non-national deemed to be a person to whom leave toland has been refused under the Order,

whom an immigration officer or a member of the Garda Sıochana,with reasonable cause, suspects has been unlawfully in the State fora continuous period of less than 3 months.

(2) (a) Subject to paragraph (b), a person to whom this sectionapplies may be arrested by an immigration officer or amember of the Garda Sıochana and detained under war-rant of that officer or member in a prescribed place andin the custody of the officer of the Minister or memberof the Garda Sıochana for the time being in charge ofthat place.

(b) Paragraph (a) shall not apply to a person who is under theage of 18 years.

(c) If and for so long as the immigration officer or, as the casemay be, the member of the Garda Sıochana concernedhas reasonable grounds for believing that the person isnot under the age of 18 years, the provisions of subsection(1) shall apply as if he or she had attained the age of 18years.

(d) Where an unmarried child under the age of 18 years isin the custody of any person (whether a parent or a per-son acting in loco parentis or any other person) and suchperson is detained pursuant to the provisions of thissection, the immigration officer or the member of theGarda Sıochana concerned shall, without delay, notifythe health board for the area in which the person is beingdetained of the detention and of the circumstancesthereof.

(3) (a) A person arrested and detained under this section may,subject to subsection (4), be detained only until such time(being as soon as practicable) as he or she is removedfrom the State in accordance with this section but, in anyevent, may not be detained for a period exceeding 8weeks in aggregate.

(b) The following periods shall be excluded in reckoning aperiod for the purpose of paragraph (a):

(i) any period during which the person is remanded incustody pending a criminal trial or serving a sentenceof imprisonment,

(ii) any period spent by the person on board a ship, rail-way train, road vehicle or aircraft pursuant to thissection, and

(iii) if the person has instituted court proceedings chal-lenging the validity of his or her proposed removalfrom the State, any period spent by the person in aplace of detention between the date of the institutionof the proceedings and the date of their final deter-mination including, where notice of appeal is given,the period between the giving thereof and the finaldetermination of the appeal or any further appealtherefrom or the withdrawal of the appeal or, as

[2003.] Immigration Act 2003. [No. 26.]S.5appropriate, the expiry of the ordinary time for insti-

tuting any such appeal.

(4) Where a person detained under this section institutes courtproceedings challenging the validity of his or her proposed removalfrom the State, the court hearing those proceedings or any appealtherefrom may, on application to it, determine whether the personshall continue to be detained or shall be released, and may make anysuch 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 orplace in the State;

(b) that he or she report to a specified Garda Sıochana stationor immigration officer at specified intervals;

(c) that he or she surrender any passport or travel document inhis or her possession.

(5) A person to whom this section applies shall be removed by animmigration officer or a member of the Garda Sıochana (at theoption of the officer or member)—

(a) subject to paragraph (b), to the state where he or she lastembarked (whether by land, sea or air) for the State, ifknown,

(b) where the person was refused leave to land in circumstanceswhere he or she arrived at a port in the State for thepurpose of passing through the State in order to travel toanother state and either—

(i) the carrier who was to take the person to the countryof destination refused to take the person on board,or

(ii) the authorities of the state of destination have refusedthe person entry into that state and have sent him orher back to the State,

to the state of the person’s original embarkation for theState,

(c) to the state which issued the passport or travel documentheld by the person, if any,

(d) to the country of nationality of the person, so far as itappears to the immigration officer or the member of theGarda Sıochana concerned, or

(e) to any country to which the person is guaranteed entry.

(6) A person arrested and detained under subsection (2) may beplaced on a vehicle about to leave the State for a place referred toin subsection (5) by an immigration officer or a member of the GardaSıochana, and shall be deemed to be in lawful custody while sodetained and until the vehicle leaves the State.

(7) The person in charge of a vehicle bound for a place referredto in subsection (5) shall, if so required by an immigration officer ora member of the Garda Sıochana, receive a person to whom this

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section applies and his or her dependants, if any, on board suchvehicle and afford him or her and his or her dependants properaccommodation and maintenance during the journey.

(8) A person to whom this section applies—

(a) shall not, by act or omission, obstruct or hinder an immi-gration officer or a member of the Garda Sıochanaengaged in the removal of a person from the State pursu-ant to this section,

(b) shall, for the purpose of facilitating his or her removal fromthe State, co-operate in any way necessary to enable animmigration officer or a member of the Garda Sıochanaengaged in the removal of the person to obtain a traveldocument, ticket or other document required for the pur-pose of such removal and, in particular, shall comply withany request from the immigration officer or, as the casemay be, the member of the Garda Sıochana to sign adocument in that connection or to affix his or her finger-prints to such a document,

(c) shall not behave in a manner likely to endanger the safetyof himself or herself or the safety of others in the courseof his or her removal from the State.

(9) A person who contravenes subsection (8) shall be guilty of anoffence and shall be liable on summary conviction to a fine notexceeding \3,000 or to imprisonment for a term not exceeding 12months or to both.

(10) (a) This subsection applies where the identity of the carrierin whose vehicle a person to whom this section appliesarrived in the State is known.

(b) An immigration officer or a member of the Garda Sıoch-ana may give a direction in writing in the prescribed form(or in a form to the like effect) to the carrier concernedto remove the person concerned, without delay, at noexpense to the State, to a place referred to in subsection(5), and the carrier shall comply with any such direction.

(c) A direction under paragraph (b) may specify, at theoption of the person giving the direction, that the carrierremove the person concerned by transporting him or herin a vehicle under his or her control or by arranging withanother carrier for the removal of the person concerned.

(d) Where the carrier fails or is unable to comply withoutdelay with a direction under paragraph (b), the immi-gration officer or member of the Garda Sıochana con-cerned may make alternative arrangements for theremoval of the person to a place referred to in subsection(5).

(e) Where alternative arrangements are made pursuant toparagraph (d), the costs incurred by the Minister inrespect of the maintenance, detention or removal of theperson concerned may be recovered from the carrier asa simple contract debt in any court of competentjurisdiction.

[2003.] Immigration Act 2003. [No. 26.]S.5(11) A person who fails to comply with a direction under subsec-

tion (10) shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding \3,000 or toimprisonment for a term not exceeding 12 months or toboth, or

(b) on conviction on indictment to a fine not exceeding \50,000or imprisonment for a term not exceeding five years orboth.

(12) A member of the Garda Sıochana may arrest without warrantany person whom the member suspects of having committed anoffence under subsection (9) or (11).

(13) The following provisions of the Order are revoked:

(a) paragraphs (4) and (5) of Article 5,

(b) Article 6(3),

(c) paragraphs (7) and (8) of Article 7, and

(d) the Fourth Schedule.

(14) Where, immediately before the commencement of subsection(13), a person was detained under Article 5 of the Order in a placespecified in the Fourth Schedule to the Order, his or her detentionin that place shall be regarded as authorised by virtue of this sectionand this Act shall apply accordingly, and any period of detentionunder that Article shall be included in reckoning a period for thepurpose of subsection (3)(a).

6.—(1) Where an offence under this Act has been committed bya body corporate and is proved to have been committed with theconsent or connivance of or to be attributable to any neglect on thepart of the person being a director, manager, secretary or otherofficer of the body corporate, or a person who was purporting to actin any such capacity, that person as well as the body corporate shallbe guilty of an offence and be liable to be proceeded against andpunished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by itsmembers, subsection (1) shall apply in relation to the acts anddefaults of a member in connection with his or her functions of man-agement as if he or she were a director or manager of the bodycorporate.

7.—The Refugee Act 1996 is hereby amended—

(a) in section 2, by the substitution of the following paragraphfor paragraphs (c), (d) and (e):

‘‘(c) there are serious grounds for considering that he orshe—

(i) has committed a crime against peace, a warcrime, or a crime against humanity, as definedin the international instruments drawn up tomake provision in respect of such crimes,

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Offences by bodiescorporate.

Amendment ofRefugee Act 1996.


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(ii) has committed a serious non-political crime out-side the State prior to his or her arrival in theState, or

(iii) has been guilty of acts contrary to the purposesand principles of the United Nations.’’,

(b) in section 7A (inserted by the Immigration Act 1999) by—

(i) the substitution in subsection (4)(a) of ‘‘2005’’ for‘‘2001’’,

(ii) the substitution in paragraph 1 of the Schedule of‘‘15’’ for ‘‘14’’, and

(iii) the insertion of the following paragraph after para-graph 3(g) of the Schedule:

‘‘(gg) one shall be the chairperson of the Refu-gee Appeals Tribunal,’’,

(c) in section 9, by—

(i) the substitution in subsection (2) of the followingparagraphs for paragraphs (a) and (b):

‘‘(a) the date on which his or her application istransferred to a convention country pur-suant to section 22 or to a safe thirdcountry (within the meaning of thatsection), or

(b) the date on which his or her application iswithdrawn or deemed to be withdrawnunder this section or section 11, or’’,

(ii) the substitution of the following subsection for sub-section (4A) (inserted by the Illegal Immigrants(Trafficking) Act 2000):

‘‘(4A) (a) An applicant shall inform the Com-missioner of his or her address andof any change of address as soon aspossible.

(b) Where 5 working days have elapsedsince the making of an applicationfor a declaration and the applicanthas not informed the Commissionerof his or her address, the applicationshall be deemed to be withdrawn.’’,

(iii) the substitution of the following subsections for sub-sections (5) and (6):

‘‘(5) (a) An immigration officer or an authorisedperson may, by notice in writing,require an applicant—

(i) to reside or remain in particulardistricts or places in the State, or

[2003.] Immigration Act 2003. [No. 26.]S.7(ii) to report at specified intervals to

an immigration officer or personor persons authorised by theMinister or member of the GardaSıochana specified in the notice,

and the applicant shall comply with therequirement.

(b) In this subsection ‘an authorised person’means a person appointed by theMinister to be an authorised personfor the purposes of this subsection.

(6) Upon application to the Minister in thatbehalf by the applicant concerned, the Ministermay, as he or she thinks fit, direct the immi-gration officer or the authorised person con-cerned to withdraw the requirement concerned orto amend it in a specified manner.’’,

(iv) the substitution in subsection (7) of ‘‘subsection (4),(4A) or (5)’’ for ‘‘subsection (4) or (5)’’,

(v) by the insertion in subsection (8)(d) after ‘‘section 22’’of ‘‘or a safe third country (within the meaning ofthat section)’’,

(vi) the substitution in subsection (10)(b)(i) of ‘‘21 days’’for ‘‘10 days’’, and

(vii) the substitution in subsection (14)(a) of ‘‘21 days’’ for‘‘10 days’’,

(d) by the substitution of the following section for section 9A:

‘‘Powers of 9A.—(1) An authorised officer, aauthorised officers member of the Garda Sıochana or anand immigration

immigration officer may, for the pur-officers.poses of this Act, take or cause to betaken the fingerprints of an applicant.

(2) Fingerprints shall not be takenunder this section from a person underthe age of 14 years except in the pres-ence of a person who is—

(a) a parent or a person who isacting in loco parentis; or

(b) an officer of the health boardor other person appointedby the health board undersection 8(5)(b).

(3) The fingerprints of a personunder the age of 14 years shall not betaken under this section without theprior approval—

(a) in the case of an authorisedofficer or an immigrationofficer who is not a member

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of the Garda Sıochana, ofthe Minister or a persondesignated for that purposeby the Minister; or

(b) in the case of a member of theGarda Sıochana, of his orher chief superintendent ora person designated for thatpurpose by his or her chiefsuperintendent.

(4) If and for so long as the author-ised officer, the immigration officer or,as the case may be, the member of theGarda Sıochana concerned has reason-able grounds for believing that the per-son is not under the age of 14 years,the provisions of subsection (2) shallapply as if he or she had attained theage of 14 years.

(5) An applicant who refuses to per-mit his or her fingerprints to be takenpursuant to subsection (1) shall bedeemed not to have made reasonableefforts to establish his or her trueidentity within the meaning of section9(8)(c), and to have failed to complywith the requirements of section 11C.

(6) The Commissioner of the GardaSıochana shall arrange for the mainten-ance of a record of fingerprints takenpursuant to subsection (1).

(7) Every fingerprint of an applicanttaken pursuant to subsection (1) andevery copy thereof shall, if not pre-viously destroyed, be destroyed—

(a) in case the applicant becomesa citizen of the State,before the expiration ofone month after the grant-ing of the certificate ofnaturalisation or of Irishcitizenship to him or her orthe acknowledgement bythe Minister of the validityof his or her declarationaccepting Irish citizenship,as the case may be;

(b) in any other case, before theexpiration of 10 years afterthe taking of suchfingerprints.

(8) Information obtained pursuantto subsection (1) may be communi-cated to convention countries or a safethird country (within the meaning of

[2003.] Immigration Act 2003. [No. 26.]S.7section 22) as if it was information to

which subsection (9) or, as may beappropriate, subsection (10) of thatsection relates.’’,

(e) in section 11 (as amended by the Immigration Act 1999)by—

(i) the substitution of the following subsection for sub-section (1):

‘‘(1) Where an application is received by theCommissioner under section 8 and the application isnot withdrawn or deemed to be withdrawn pursuantto this section or section 9 or 22, it shall be the func-tion of the Commissioner to investigate the appli-cation for the purpose of ascertaining whether theapplicant is a person in respect of whom a declar-ation should be given.’’,

(ii) the substitution of the following subsection for sub-section (2):

‘‘(2) In a case to which subsection (1) applies, theCommissioner shall, for the purposes of that pro-vision, direct an authorised officer or officers tointerview the applicant concerned and the officer orofficers shall comply with any such direction andfurnish a report in writing in relation to the inter-view concerned to the Commissioner and an inter-view under this subsection shall, where necessaryand possible, be conducted with the assistance of aninterpreter.’’,

(iii) the substitution of the following subsection for sub-section (3):

‘‘(3)(a) The applicant concerned, the High Com-missioner or any other person concernedmay make representations in writing tothe Commissioner in relation to any mat-ter relevant to an investigation by him orher under this section and the Com-missioner shall take account of any suchrepresentations made before or duringan interview under subsection (2).

(b) The High Commissioner may, wheneverhe or she so requests, be present at aninterview under subsection (2).’’,

(iv) the deletion of subsection (6) and (7),

(v) the substitution in subsection (8) of the followingparagraphs for paragraphs (e) and (f):

‘‘(e) the duty of the applicant to co-operate withthe Commissioner and to furnish infor-mation relevant to his or her applicationfor a declaration,

(f) the obligation of the applicant to complywith subsections (4), (4A) and (5) of

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section 9 and the possible consequencesof non-compliance with that obligationincluding the possibility that his or herapplication for a declaration may bedeemed to be withdrawn and that theMinister may refuse to give the applicanta declaration,

(g) the possible consequences of the failure ofthe applicant to attend an interviewunder this section.’’,

(vi) by the substitution of the following subsections forsubsection (9) (inserted by the Immigration Act1999):

‘‘(9) An applicant may withdraw his or her appli-cation for a declaration by sending noticeof withdrawal to the Commissioner.

(10) Where an applicant does not attend for inter-view with an authorised officer under this section onthe date and at the time fixed for the interview then,unless the applicant, not later than 3 working daysfrom that date, furnishes the Commissioner with anexplanation for the non-attendance which in theopinion of the Commissioner is reasonable in the cir-cumstances, his or her application shall be deemedto be withdrawn.

(11) Where—

(a) it appears to the Commissioner that anapplicant is failing in his or her duty toco-operate with the Commissioner or tofurnish information relevant to his or herapplication for a declaration, or

(b) the Minister notifies the Commissioner thathe or she is of opinion that the applicantis in breach of subsection (4)(a), (4A) or(5) of section 9,

the Commissioner shall send to the applicant anotice in writing inviting the applicant to indicate inwriting (within 15 working days of the sending of thenotice) whether he or she wishes to continue with hisor her application and, if an applicant does not fur-nish an indication within the time specified in thenotice, his or her application for a declaration shallbe deemed to be withdrawn.

(12) The procedures to be followed in investi-gations under this section may be prescribed anddifferent procedures may be prescribed for differentclasses of applications.’’,

(f) by the insertion of the following sections after section 11:

‘‘Burden of proof. 11A.—(1) Where, at any time dur-ing the investigation of an applicationby the Commissioner under section11, it appears to him or her that anapplicant—

[2003.] Immigration Act 2003. [No. 26.]S.7(a) is a national of, or has a right

of residence in, a countrystanding designated byorder under section 12(4)as a safe country of origin,or

(b) had lodged a prior appli-cation for asylum inanother state party to theGeneva Convention,

then the applicant shall be presumednot to be a refugee unless he or sheshows reasonable grounds for the con-tention that he or she is a refugee.

(2) Where an application is one towhich section 22 applies, it shall be forthe applicant to show that his or herapplication should be examined in theState.

(3) Where an applicant appealsagainst a recommendation of theCommissioner under section 13, itshall be for him or her to show thathe or she is a refugee.

Credibility. 11B.—The Commissioner or theTribunal, as the case may be, inassessing the credibility of an appli-cant for the purposes of the investi-gation of his or her application or thedetermination of an appeal in respectof his or her application, shall haveregard to the following:

(a) whether the applicant pos-sesses identity documents,and, if not, whether he orshe has provided a reason-able explanation for theabsence of suchdocuments;

(b) whether the applicant hasprovided a reasonableexplanation to substan-tiate his or her claim thatthe State is the first safecountry in which he or shehas arrived sincedeparting from his or hercountry of origin or habit-ual residence;

(c) whether the applicant hasprovided a full and trueexplanation of how he orshe travelled to andarrived in the State;

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18

(d) where the application wasmade other than at thefrontiers of the State,whether the applicant hasprovided a reasonableexplanation to show whyhe or she did not claimasylum immediately onarriving at the frontiers ofthe State unless the appli-cation is grounded onevents which have takenplace since his or herarrival in the State;

(e) where the applicant has for-ged, destroyed or disposedof any identity or otherdocuments relevant to hisor her application,whether he or she has areasonable explanation forso doing;

(f) whether the applicant hasadduced manifestly falseevidence in support of hisor her application, or hasotherwise made false rep-resentations, either orallyor in writing;

(g) whether the applicant, with-out reasonable cause, hav-ing withdrawn his or herapplication and not havingbeen refused a declarationunder section 17, hasmade a subsequent appli-cation under section 8;

(h) whether the applicant, with-out reasonable cause, hasmade an application fol-lowing the notification ofa proposal under section3(3)(a) of the ImmigrationAct 1999;

(i) whether the applicant hascomplied with the require-ments of section 11C;

(j) whether the applicant has,without reasonable cause,failed to comply with therequirements of section9(4)(a);

(k) whether the applicant has,without reasonable cause,failed to comply with the

[2003.] Immigration Act 2003. [No. 26.]S.7requirements of section

9(4A);

(l) whether the applicant has,without reasonable cause,failed to comply with therequirements of section9(5);

(m) whether, in the case of anapplication to whichsection 16 applies, theapplicant has furnishedinformation in relation tothe application which heor she could reasonablyhave furnished during theinvestigation of the appli-cation by the Com-missioner but did not sofurnish.

Duty to co-operate. 11C.—(1) It shall be the duty of anapplicant to co-operate in the investi-gation of his or her application and inthe determination of his or herappeal, if any.

(2) In compliance with subsection(1), an applicant shall furnish to theCommissioner or the Tribunal, as maybe appropriate, as soon as reasonablypracticable, all information in his orher possession, control or procure-ment relevant to his or herapplication.’’,

(g) by the substitution of the following section for section 12:

‘‘Prioritisation of 12.—(1) Subject to the need forapplications. fairness and efficiency in dealing with

applications for a declaration underthis Act, the Minister may, where heor she considers it necessary orexpedient to do so, give a direction inwriting to the Commissioner or theTribunal or to both requiring either orboth of them, as the case may be, toaccord priority to certain classes ofapplications determined by referenceto one or more of the followingmatters:

(a) the grounds of applicationsunder section 8,

(b) the country of origin orhabitual residence ofapplicants,

(c) any family relationshipbetween applicants,

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20

(d) the ages of applicants and, inparticular, of personsunder the age of 18 yearsin respect of whom appli-cations are made,

(e) the dates on which appli-cations were made,

(f) considerations of nationalsecurity or public policy,

(g) the likelihood that the appli-cations are well-founded,

(h) if there are special circum-stances regarding the wel-fare of applicants or thewelfare of family membersof applicants,

(i) whether applications do notshow on their facegrounds for the contentionthat the applicant is arefugee,

(j) whether applicants havemade false or misleadingrepresentations in relationto their applications,

(k) whether applicants hadlodged prior applicationsfor asylum in anothercountry,

(l) whether applications undersection 8 were made at theearliest opportunity afterarrival in the State,

(m) whether applicants arenationals of or have a rightof residence in a countryof origin designated assafe under this section,

(n) if an applicant is a person towhom paragraph (a), (b)or (c) of section 2 applies.

(2) The Commissioner or the Tri-bunal shall comply with a directiongiven to him, her or it under thissection.

(3) The Minister may by a direc-tion revoke or alter a direction givenby him or her under subsection (1).

(4) (a) The Minister may, afterconsultation with the

[2003.] Immigration Act 2003. [No. 26.]S.7Minister for Foreign

Affairs, by order designatea country as a safe countryof origin.

(b) In deciding whether tomake an order underparagraph (a), the Mini-ster shall have regard tothe following matters:

(i) whether the country isa party to and gener-ally complies withobligations under theConvention AgainstTorture, the Inter-national Covenant onCivil and PoliticalRights, and, whereappropriate, theEuropean Conven-tion on HumanRights,

(ii) whether the countryhas a democratic pol-itical system and anindependent judiciary,

(iii) whether the country isgoverned by the ruleof law.

(c) The Minister may by orderamend or revoke an orderunder this subsectionincluding an order underthis paragraph.

(5) In this section—

‘the Convention against Torture’means the Convention against Tor-ture and other Cruel, Inhuman orDegrading Treatment or Punishmentadopted by resolution 39/46 of theGeneral Assembly of the UnitedNations on 10 December 1984;

‘the European Convention on HumanRights’ means the Convention for theProtection of Human Rights and Fun-damental Freedoms done at Rome onthe 4th day of November, 1950;

‘the International Covenant on Civiland Political Rights’ means the Inter-national Covenant on Civil and Politi-cal Rights adopted by Resolution2200A (XXI) of the GeneralAssembly of the United Nations on 16December 1966.’’,

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22

(h) by the substitution of the following section for section 13:

‘‘Recommen- 13.—(1) Where the Commissionerdations and reports carries out an investigation underof Commissioner.

section 11 he or she shall, as soon asmay be, prepare a report in writing ofthe results of the investigation andsuch report shall refer to the mattersraised by the applicant in the inter-view under section 11 and to suchother matters as the Commissionerconsiders appropriate and shall setout the findings of the Commissionertogether with his or her recommend-ation whether the applicant con-cerned should or, as the case may be,should not be declared to be arefugee.

(2) Where an application for a dec-laration is withdrawn or deemed to bewithdrawn pursuant to section 9 or 11,then—

(a) any investigation undersection 11 shall beterminated,

(b) the report referred to in sub-section (1) shall state thatthe application has beenwithdrawn or deemed tobe withdrawn, as the casemay be, and shall includea recommendation thatthe applicant concernedshould not be declared tobe a refugee, and

(c) no appeal under section 16shall lie against a recom-mendation under para-graph (b).

(3) The Commissioner shall, if sorequested by the High Commissioner,notify him or her of the making of therecommendation under subsection(1).

(4) (a) The Commissioner shallsend a copy of a reportunder subsection (1) tothe applicant concerned,to his or her solicitor (ifknown) and, if sorequested by the HighCommissioner, to him orher.

(b) Where a report under sub-section (1) (other than areport to which subsection(2) applies) includes arecommendation that the

[2003.] Immigration Act 2003. [No. 26.]S.7applicant should not be

declared to be a refugee,the Commissioner shall,subject to subsections (5)and (8), send a notice inwriting to the applicantstating that the applicantmay appeal to the Tri-bunal under section 16against the recommend-ation and may request anoral hearing within 15working days from thesending of the notice.

(c) Where the applicant hasnot appealed against therecommendation referredto in paragraph (b) within15 working days after thesending of a notice underthat paragraph, the Com-missioner shall, as soon asmay be, furnish the reportunder subsection (1) tothe Minister.

(d) Where a report under sub-section (1) includes arecommendation that theapplicant should bedeclared to be a refugee,the Commissioner shall, assoon as may be, furnishthe report to the Minister.

(e) Where a report under sub-section (1) includes arecommendation pursuantto subsection (2) that theapplicant should not bedeclared to be a refugee,the Commissioner shall, assoon as may be, furnishthe report to the Minister.

(5) Where a report under subsec-tion (1) includes a recommendationthat the applicant should not bedeclared to be a refugee and includesamong the findings of the Com-missioner any of the findings specifiedin subsection (6), then the followingshall, subject to subsection (8), apply:

(a) the notice under paragraph(b) of subsection (4) shall,notwithstanding that sub-section, state that theapplicant may appeal tothe Tribunal under section16 against the recom-mendation within 10

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24

working days from thesending of the notice, andthat any such appeal willbe determined without anoral hearing;

(b) notwithstanding paragraph(c) of subsection (4),where the applicant hasnot appealed against therecommendation within 10working days after thesending of a notice underparagraph (b) of that sub-section, the Commissionershall, as soon as may be,furnish the report undersubsection (1) to theMinister.

(6) The findings referred to in sub-section (5) are—

(a) that the application showedeither no basis or a mini-mal basis for the conten-tion that the applicant is arefugee;

(b) that the applicant madestatements or providedinformation in support ofthe application of such afalse, contradictory, mis-leading or incomplete nat-ure as to lead to the con-clusion that theapplication is manifestlyunfounded;

(c) that the applicant, withoutreasonable cause, failed tomake an application assoon as reasonably practi-cable after arrival in theState;

(d) the applicant had lodged aprior application for asy-lum in another state partyto the Geneva Convention(whether or not that appli-cation had been deter-mined, granted orrejected); or

(e) the applicant is a national of,or has a right of residencein, a safe country of originfor the time being so des-ignated by order undersection 12(4).

[2003.] Immigration Act 2003. [No. 26.]S.7(7) (a) The Minister may give a

direction in writing to theCommissioner requiringhim or her to investigateunder section 11 such classof applications as may bespecified in the directionin accordance with theprocedures referred to insubsection (8) and theCommissioner shall com-ply with a direction givento him or her under thissubsection.

(b) The Minister may by adirection revoke or alter adirection given by him orher under paragraph (a).

(8) Where an application referredto in subsection (7) has been investi-gated under section 11 and the rel-evant report under subsection (1)includes a recommendation that theapplicant should not be declared to bea refugee and contains among thefindings of the Commissioner any ofthe findings specified in subsection(6), then the following shall, subject tosubsection (9), apply:

(a) the notice under paragraph(b) of subsection (4) shall,notwithstanding that sub-section, state that theapplicant may appeal tothe Tribunal under section16 against the recom-mendation within 4 work-ing days from the sendingof the notice, and that anysuch appeal will be deter-mined without an oralhearing,

(b) notwithstanding paragraph(c) of subsection (4),where the applicant hasnot appealed against therecommendation within 4working days after thesending of a notice underparagraph (b) of that sub-section, the Commissionershall, as soon as may be,furnish the report undersubsection (1) to theMinister.

(9) (a) Where an application is tobe investigated in accord-ance with the procedures

25


26

referred to in subsection(8), the Commissionershall notify the applicantaccordingly in writing andshall send a copy of thenotice to his or her solici-tor (if known) and, if sorequested by the HighCommissioner, to him orher.

(b) Paragraphs (a) and (b) ofsubsection (8) shall notapply to such an appli-cation unless the applicantconcerned and his or hersolicitor (if known) havebeen notified in accord-ance with paragraph (a).

(10) Where a report under subsec-tion (1) (other than a report to whichsubsection (2) applies) includes arecommendation that the applicantshould not be declared to be a refu-gee, then, subject to subsection (11),the Commissioner shall furnish theapplicant concerned and his or hersolicitor (if known) and the HighCommissioner, whenever so re-quested by him or her, with copies ofany reports, documents or represen-tations in writing submitted to theCommissioner under section 11 andan indication in writing of the natureand source of any other informationrelating to the application which hascome to the notice of the Com-missioner in the course of an investi-gation by him or her under thatsection.

(11) Where information has beensupplied to the Commissioner, aDepartment of State or anotherbranch or office of the public serviceby or on behalf of the government ofanother state in accordance with anundertaking (express or implied) thatthe information would be kept confi-dential, the information shall not,without the consent of the other state,be produced or further disclosedotherwise than in accordance with theundertaking.’’,

(i) in section 16, by—


[2003.] Immigration Act 2003. [No. 26.]S.7‘‘(1) The applicant may appeal in the prescribed

manner against a recommendation of the Com-missioner under section 13 (other than a recom-mendation pursuant to section 13(2)).’’,

(ii) the substitution of the following subsection for sub-section (2):

‘‘(2) The Tribunal may—

(a) affirm a recommendation of the Com-missioner, or

(b) set aside a recommendation of the Com-missioner and recommend that the appli-cant should be declared to be a refugee.’’,

(iii) the substitution of the following for subsection (2A)(inserted by the Immigration Act 1999):

‘‘(2A) Where an applicant fails, without reason-able cause, to attend an oral hearing under subsec-tion (10), then unless the applicant, not later than 3working days from the date fixed for the oral hear-ing, furnishes the Tribunal with an explanation fornot attending the hearing which the Tribunal con-siders reasonable in the circumstances his or herappeal shall be deemed to be withdrawn.

(2B) Where—

(a) it appears to the Tribunal that an applicantis failing in his or her duty to co-operatewith the Commissioner or to furnishinformation relevant to his or her appeal,or

(b) the Minister notifies the Tribunal that he orshe is of opinion that the applicant is inbreach of subsection (4)(a), (4A) or (5)of section 9,

the Tribunal shall send to the applicant a notice inwriting inviting the applicant to indicate in writing(within 15 working days of the sending of the notice)whether he or she wishes to continue with his or herappeal and, if an applicant does not furnish an indi-cation within the time specified in the notice, his orher appeal shall be deemed to be withdrawn.’’,

(iv) the substitution of the following subsection for sub-section (3):

‘‘(3) An appeal under this section shall be broughtby notice in writing within the period specified insection 13(4)(b) or 13(5)(a) or 13(8)(a), as appropri-ate, and the notice shall specify the grounds ofappeal and, except in a case to which section 13(5)or 13(8) applies, shall indicate whether the applicantwishes the Tribunal to hold an oral hearing for thepurpose of his or her appeal.’’,

(v) the deletion in subsection (5) of ‘‘or 12’’,

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28

(vi) the substitution of the following subsection for sub-section 9:

‘‘(9) (a) An applicant may withdraw his or herappeal to the Tribunal by sending noticeof withdrawal to the Tribunal and theTribunal shall, as soon as may be, notifythe Minister and the Commissioner ofthe withdrawal.

(b) Where an appeal is deemed to be with-drawn pursuant to subsection (2A) or(2B), the Tribunal shall, as soon as maybe, notify the applicant, his or her solici-tor (if known), the Minister and theCommissioner of the withdrawal.’’,

(vii) the deletion in subsection (16)(b) of ‘‘the recom-mendation of the Commissioner under section 12 or,as may be appropriate,’’,

(viii) the insertion of the following subsection after subsec-tion (16):

‘‘(16A) The Tribunal shall affirm a recommend-ation of the Commissioner unless it is satisfied, hav-ing considered the matters referred to in subsection(16), that the applicant is a refugee.’’,

(ix) the deletion in subsection (17)(b) of ‘‘(other than adecision of the Tribunal under subsection (2)(d))’’,and

(x) the insertion of the following subsection after subsec-tion (17):

‘‘(18) The Tribunal shall ensure that an appealagainst a recommendation of the Commissioner towhich section 13(5) or 13(8) applies shall be dealtwith as soon as may be and, if necessary, before anyother application for a declaration.’’,

(j) in section 17 (as amended by the Immigration Act 1999),by the insertion of the following subsection after subsec-tion (1):

‘‘(1A) Where an application is withdrawn or (otherthan pursuant to section 22) deemed to be withdrawn, oran appeal under section 16 is withdrawn or deemed to bewithdrawn, the Minister shall refuse to give the applicanta declaration.’’,

(k) in section 19, by—


‘‘(2) Subject to sections 9(15) and 26, no matterlikely to lead members of the public to identify aperson as an applicant under this Act shall be pub-lished in a written publication available to the publicor be broadcast without the consent of that person.’’,

[2003.] Immigration Act 2003. [No. 26.]S.7and

(ii) by the insertion of the following subsection after sub-section (4):

‘‘(4A) (a) The chairperson of the Tribunal may,at his or her discretion, decide notto publish (other than to the personsreferred to in section 16(17)) adecision of the Tribunal which in hisor her opinion is not of legalimportance.

(b) Any decision published shall excludeany matters which would tend toidentify a person as an applicantunder the Act or otherwise breachthe requirement that the identity ofapplicants be kept confidential.’’,

(l) the substitution of the following section for section 22:

‘‘Dublin 22.—(1) The Minister may makeConvention, such orders as appear to him or heragreements with

to be necessary or expedient for thesafe third countriespurpose of giving effect to—etc.

(a) the Dublin Convention,

(b) Council Regulation (EC) No.343/20031,

(c) the Agreement between theEuropean Community andthe Republic of Icelandand the Kingdom of Nor-way concerning the cri-teria and mechanisms forestablishing the Stateresponsible for examininga request for asylumlodged in a Member Stateor in Iceland or Norwaydone at Brussels on the19th day of January 2001,

(d) any agreement of the kindreferred to in subsection(5).

(2) Without prejudice to the gener-ality of subsection (1), an order underthis section may—

(a) specify the circumstances andprocedure by reference towhich an application forasylum—

(i) shall be examined inthe State,

(ii) shall be transferred toa convention country

1O.J. No. L50/1 of 25 February 2003.

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for examination or toa safe third country,or

(iii) shall be accepted forexamination in theState pursuant to arequest made by aconvention country inwhich the applicationfor asylum waslodged or pursuant toan agreement towhich subsection(1)(d) refers,

and the powers referred toin this subsection shall beexercised by whichever ofthe persons mentioned insubsection (4)(a) is speci-fied in the order,

(b) provide for an appeal againsta determination to trans-fer an application for asy-lum to a convention coun-try or a safe third countryand for the procedure inrelation to such an appeal,

(c) provide, where the orderspecifies that the makingof an appeal shall not sus-pend the transfer of theapplication or of the appli-cant to the conventioncountry or the safe thirdcountry, that such transferis without prejudice to theappeal decision,

(d) require that an applicationfor asylum shall not beinvestigated by the Com-missioner until it has beendecided whether a con-vention country is respon-sible for examining theapplication or whether theapplication should betransferred to a safe thirdcountry,

(e) require that an applicationfor asylum which is beinginvestigated by the Com-missioner shall be trans-ferred to a conventioncountry for examination,

(f) provide that where an appli-cation has been trans-ferred to a convention

[2003.] Immigration Act 2003. [No. 26.]S.7country for examination

or to a safe third countrythe person concerned shallgo to that conventioncountry or to that safethird country,

(g) provide for the transitthrough the State of a per-son whose application forasylum has been trans-ferred from a conventioncountry to another con-vention country forexamination,

(h) provide for the investigationof an application for asy-lum by the Commissionernotwithstanding that aconvention country hasresponsibility for examin-ing the application,

(i) specify the measures to betaken for the purpose ofthe removal of a personwhose application hasbeen transferred to a con-vention country or a safethird country from theState to that conventioncountry or safe third coun-try including, where neces-sary, the temporary deten-tion or restraint of theperson, and

(j) provide for the temporarydetention (for a period notexceeding 48 hours) of aperson who, havingarrived in the Statedirectly from a conventioncountry or a safe thirdcountry, makes an appli-cation for asylum until adecision on the matters atparagraph (a) has beenmade.

(3) An order under this sectionmay make provision for such conse-quential, incidental, ancillary and sup-plementary matters as the Ministerconsiders necessary or expedient.

(4) (a) The persons referred to insubsection (2)(a) are theMinister, the Commissioner,and an immigrationofficer.

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(b) The Tribunal shall considerand decide appeals undersubsection (2)(b).

(5) (a) The Minister may, afterconsultation with theMinister for ForeignAffairs, by order designatea country as a safe thirdcountry (referred to in thissection as ‘‘a safe thirdcounty’’).

(b) In deciding whether tomake an order underparagraph (a), the Mini-ster shall have regard tothe following matters:

(i) whether the country isparty to and compliesgenerally with itsobligations under theGeneva Convention,the Conventionagainst Torture(within the meaningof section 12) and theInternational Coven-ant on Civil and Pol-itical Rights (withinthe meaning afore-said);

(ii) whether the countryhas a democratic pol-itical system and anindependentjudiciary;

(iii) whether the country isgoverned by the ruleof law;

and that country and theState are parties to anagreement which containsprovisions providing for—

(I) the prompt transfer tothat country of anapplication for asy-lum made in the Stateby a person who hasarrived from thatcountry, and

(II) the prompt transfer tothe State of an appli-cation for asylummade in that countryby a person who has

[2003.] Immigration Act 2003. [No. 26.]S.7arrived in that coun-

try from the State.

(c) The Minister may, afterconsultation with theMinister for ForeignAffairs, by order amendor revoke an order underthis subsection includingan order under thisparagraph.

(6) (a) The Minister for ForeignAffairs may by order des-ignate the countries whichare parties to the DublinConvention or to theAgreement referred to insubsection (1)(c) or thecountries to which theCouncil Regulation re-ferred to in subsection(1)(b) applies.

(b) The Minister for ForeignAffairs may by orderamend or revoke an orderunder this subsectionincluding an order underthis paragraph.

(7) The Minister may by orderamend or revoke an order under thissection (other than an order undersubsection (6)) including an orderunder this subsection.

(8) Where an application has beentransferred to a convention countryfor examination or to a safe thirdcountry, the application shall bedeemed to be withdrawn.

(9) (a) The Minister shall, pursu-ant to Article 14 of theDublin Convention or thecorresponding provisionof the agreement referredto in subsection (1)(c),communicate informationto convention countries orto any relevant countrypursuant to that agree-ment in relation to mattersreferred to in that Article.

(b) The Commissioner shall,pursuant to Article 15 ofthe Dublin Convention orthe corresponding pro-vision of the agreementreferred to in subsection

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(1)(c), communicate infor-mation to conventioncountries or to any rel-evant country pursuant tothat agreement in relationto matters referred to inthat Article:

provided that information concerningthe grounds on which a particularapplication for asylum is based or thegrounds on which a decision concern-ing such an application is based shallnot be communicated under thissection without the prior consent ofthe person the subject of theapplication.

(10) The Minister and the Com-missioner may communicate to a safethird country such information relat-ing to an application for asylum or tothe person making such application(including personal information) asmay be necessary for giving effect toan agreement to which subsection(1)(d) refers:

provided that information concerningthe grounds on which a particularapplication for asylum is based or thegrounds on which a decision concern-ing such an application is based shallnot be communicated under thissection without the prior consent ofthe person the subject of theapplication.

(11) In this section, ‘an applicationfor asylum’ means a request wherebya person seeks the protection of theState or a convention country or asafe third country by claiming refugeestatus under the Geneva Conventionand includes an application for a dec-laration under this Act.’’,

(m) in section 24, by the insertion of the following subsectionafter subsection (6):

‘‘(7) (a) The Minister may, after consultation withthe Minister for Foreign Affairs, enter intoagreements with the High Commissionerfor the reception and resettlement in theState of refugees.’’,

(n) by the insertion after section 28 of the following section:

[2003.] Immigration Act 2003. [No. 26.]S.7‘‘Transitional. 28A.—(1) Where an application

has been made under section 8 beforethe commencement of section 7 of theImmigration Act 2003—

(a) in case, before such com-mencement, the applicanthas been interviewedunder section 11, then,upon such commence-ment, this Act shall applyto the application as if thesaid section 7 had not beencommenced,

(b) in any other case, then, uponsuch commencement, thisAct, as amended by thesaid section 7, shall applyto the application.

(2) The Commissioner shall give orcause to be given to each applicant towhose application subsection (1)(b)applies, before he or she is inter-viewed under section 11, a statementin writing giving a short explanationof the amendments made by the saidsection 7.’’,

(o) in the First Schedule (inserted by the Immigration Act1999), by the insertion of the following paragraphs afterparagraph 9:

‘‘10. (1) Where the Commissioner is for anyreason temporarily unable to act as the Com-missioner or the office of the Commissioner is vac-ant, the Minister shall appoint a person to be theCommissioner for the duration of the inability oruntil an appointment is made in accordance withparagraph 1, as the case may be, and the person soappointed may perform all the functions conferredon the Commissioner by this Act.

(2) A person appointed under this paragraph shallhold office upon such terms and conditions as maybe determined by the Minister after consultationwith the Minister for Finance.

11. The Commissioner may, if he or she considersit appropriate to do so in the interest of the fair andefficient discharge of the business of his or her office,determine the order in which different classes ofsuch business shall be discharged having regard tothe following matters:

(a) the grounds of the applications undersection 8,

(b) the country of origin of the applicants,

(c) any family relationship between applicants,

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36

(d) the ages of the applicants and, in particular,of persons under the age of 18 years inrespect of whom applications are made,

(e) the dates on which applications weremade.’’,

(p) in the Second Schedule (inserted by the Immigration Act1999), by—

(i) the substitution of the following for paragraph 8:

‘‘8. (1) If a member of the Tribunal dies, resigns,becomes disqualified or is removed from office, theMinister may appoint another person to be a mem-ber of the Tribunal to fill the casual vacancy sooccasioned and the person appointed shall beappointed in the same manner of the Tribunal mem-ber who occasioned the vacancy.

(2) Where the chairperson is for any reason tem-porarily unable to act as the chairperson, or theoffice of the chairperson is vacant, the Minister shallappoint a person to be the chairperson for the dur-ation of the inability or until an appointment is madeunder paragraph 2, as appropriate, and the person soappointed may perform all the functions conferredon the chairperson by this Act.

(3) A person appointed under this paragraph shallhold office upon such terms and conditions as maybe determined by the Minister after consultationwith the Minister for Finance.’’,

and

(ii) the substitution of the following for paragraph 13:

‘‘13. The chairperson shall assign to each divisionthe business to be transacted by it.

14. The chairperson shall endeavour to ensurethat the business of the Tribunal is managedefficiently and that the business assigned to each div-ision is disposed of as expeditiously as may be con-sistent with fairness and natural justice.

15. The chairperson may, if he or she considers itappropriate to do so in the interest of the fair andefficient discharge of the business of the Tribunal,assign classes of business to each division havingregard to the following matters:

(a) the grounds of the appeals set out in thenotices of appeal,

(b) the country of origin of applicants,

(c) any family relationship between applicants,

(d) the ages of the applicants and, in particular,of persons under the age of 18 years inrespect of whom applications are made,

(e) the provision of this Act pursuant to whichthe appeals are made.

[2003.] Immigration Act 2003. [No. 26.]S.716. The chairperson may delegate to a member of

his or her staff his or her function of assigning toeach division the business to be transacted by it.

17. The chairperson may from time to time issueguidelines or guidance notes generally on the practi-cal application and operation of the provisions, orany particular provisions, of this Act and on devel-opments in the law relating to refugees.

18. The chairperson may from time to time con-vene a meeting with a member or members of theTribunal for the purpose of discussing matters relat-ing to the discharge of the business of the Tribunal,including, in particular, such matters as the avoid-ance of undue divergences in the exercise by themembers of their functions under section 16.

19. The chairperson shall, not later than 3 monthsafter the end of each year, submit a report in writingto the Minister of his or her activities during thatyear and, not later than 1 month after such sub-mission, the Minister shall cause a copy of the reportto be laid before each House of the Oireachtas.

20. The chairperson may, if he or she considers itappropriate to do so, make a report in writing to theMinister in relation to any function performed byhim or her under this Act or any matter relating tothe operation of this Act.’’.

8.—(1) Notwithstanding any provision of any other enactment butsubject to section 11(4) of the Refugee Act 1996 (‘‘the Act of 1996’’),whenever so requested, an information holder shall give to anotherinformation holder such information, including personal information,in his or her possession, control or procurement regarding non-nationals, including applicants within the meaning of the Act of 1996,for the purposes of that Act or for the purposes of the administrationof the law relating to the entry into and the removal from the Stateof non-nationals.

(2) The Minister for Social and Family Affairs may, for the pur-poses of the Social Welfare Acts, request an information holder tofurnish him or her with such information including, personal infor-mation, in his or her possession, control or procurement regardingnon-nationals, including applicants within the meaning of the Act of1996 and the information holder shall comply with any such request.

(3) Following the receipt of a request under subsection (1) or (2),the Minister, the Minister for Foreign Affairs, or a member of theGarda Sıochana may withhold any information in his or her pos-session or control in the interest of national security or public policy(‘‘ordre public’’) or where the furnishing of the information wouldbe likely to prejudice the prevention, detection or investigation ofoffences or the apprehension or prosecution of offenders.

(4) In this section ‘‘an information holder’’ means a Minister ofthe Government, a local authority (for the purposes of the LocalGovernment Act 2001), a health board, the Garda Sıochana or anyother body established—

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Exchange ofinformation.


Approved port.

Amendment ofIllegal Immigrants(Trafficking) Act2000.

Regulations.

Expenses.

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(a) by or under any enactment (other than the Companies Acts1963 to 2001), or

(b) under the Companies Acts 1963 to 2001 in pursuance ofpowers conferred by or under any other enactment,

and financed wholly or partly by means of moneys provided, or loansmade or guaranteed, by a Minister of the Government or the issueof shares held by or on behalf of a Minister of the Government anda subsidiary of any such body.

9.—(1) The Minister may prescribe ports to be approved ports fornon-nationals arriving in the State from places or specified placesoutside the State for the purposes of the Aliens Order 1946 (S.R. &O., No. 395 of 1946) (‘‘the Order’’).

(2) A reference in the Order to an approved port shall be con-strued as a reference to an approved port prescribed under thissection.

(3) Article 6(2) of, and the First Schedule to, the Order are herebyrevoked.

10.—Section 5(1) of the Illegal Immigrants (Trafficking) Act 2000is hereby amended by the substitution of the following paragraph forparagraph (d):

‘‘(d) a refusal under Article 5 of the Aliens Order 1946 (S.R.and O. No. 395 of 1946),’’.

11.—(1) The Minister may—

(a) by regulations provide, subject to the provisions of this Act,for any matter referred to in this Act as prescribed or tobe prescribed, and

(b) in addition to any other power conferred on him or her tomake regulations, make regulations generally for the pur-poses of, and for the purpose of giving full effect to, thisAct.

(2) Regulations under this Act may contain such incidental,supplementary and consequential provisions as appear to the Mini-ster to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall belaid before both Houses of the Oireachtas as soon as may be after itis made, and, if a resolution annulling the regulation is passed byeither such House within the next subsequent 21 days on which thatHouse has sat after the regulation is laid before it, the regulationshall be annulled accordingly but without prejudice to the validity ofanything previously done thereunder.

12.—The expenses incurred by the Minister in the administrationof this Act shall, to such extent as may be sanctioned by the Ministerfor Finance, be paid out of moneys provided by the Oireachtas.

[2003.] Immigration Act 2003. [No. 26.]13.—(1) This Act may be cited as the Immigration Act 2003.

(2) This Act shall come into operation on such day or days as, byorder or orders made by the Minister, may be fixed therefor eithergenerally or with reference to any particular purpose or provisionand different days may be so fixed for different purposes anddifferent provisions.

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Short title andcommencement.

Immigration Act 2003 UK

Documents

Transcript of Immigration Act 2003 UK