S.I. No. 108/1935 - Aliens Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 108.

ALIENS ORDER, 1935.

WHEREAS by virtue of Section 5 of the Aliens Act, 1935 (No. 14 of 1935), the Minister for Justice is empowered, if and whenever he thinks proper, to make provision by order (in the said Act referred to as an aliens order) for divers matters and things relating to aliens :

NOW, I, P. J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by Section 5 of the Aliens Act, 1935 (No. 14 of 1935), and of every and any other power me in this behalf enabling do hereby order as follows :—

PART I.PRELIMINARY.

1 Short title

1. This Order may be cited as the Aliens Order, 1935.

2 Revocation, etc., of Aliens Order 1925.

2.—(1) The Aliens Order, 1925, is hereby revoked.

(2) Any permission or direction given, or order or requirement made or other action taken under the Aliens Order, 1925, shall be deemed to have been given, made or taken under the corresponding provision of this Order, and any alien duly registered under any such Order as aforesaid with a registration officer shall be deemed to be duly registered under this Order at the date hereof, and an identity book issued under any such Order as aforesaid shall, until called in by a registration officer, be for the purposes of this Order equivalent to a registration certificate.

3 Interpretation

3.—(1) The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

(2) In this order :

the word " keeper " where used in relation to premises where accommodation is provided for reward includes any person who for reward receives any other perform to lodge or sleep in the premises, either on his own behalf or as manager or otherwise on behalf of any other person ;

the word " residence " means ordinary dwelling-place and where an alien has more than one dwelling-place, each of such dwelling-places ; and the expression " resident " shall have a corresponding meaning ;

the word " port " includes any place whether on a land or sea frontier where a person lands in or embarks from Saorstát Eireann ;

the word " lands " shall include arrival or entry by any form of conveyance, including entry over a land frontier, and references to landing shall, unless the context otherwise implies, be deemed to include references to attempting to land ;

the word " embark " shall include departure by any form of conveyance including departure over a land frontier ;

the word " seaman " means an officer or member of a crew of a ship ;

the expression " member of a crew " means any person employed in the working or service of a ship ;

the word " passenger " means any person travelling or seeking to travel on board a ship who is not a seaman ;

the word " ship " includes aircraft, and the expression " master of a ship " includes the pilot of an aircraft ;

the expression " Great Britain " includes the Channel Isles, and the Isle of Man ;

the expression " the Minister " means the Minister for Justice.

4 Saving for certain persons.

4. Unless the Minister otherwise directs either generally or in any particular case, nothing in this Order shall apply to any alien who for the time being is in receipt of full pay as a member of the Defence Forces of Saorstát Eireann, or to the wife or child under the age of twenty-one years of any such alien.

PART II.ADMISSION OF ALIENS.

5 Restrictions on landing of aliens.

5.—(1) An alien coming from any place outside Saorstát Eireann other than Great Britain or Northern Ireland shall not land in Saorstát Eireann except with the leave of an immigration officer, or of the Minister, and such leave may be given by the Minister, if he thinks fit so to do, retrospectively after the alien has landed.

(2) Leave shall not be given to an alien to land in Saorstát Eireann unless he complies with the following conditions, that is to say :—

(a) he is in a position to support himself and his dependents

(b) if desirous of entering the service of an employer in Saorstát Eireann he produces a permit in writing for his engagement issued to the employer by the Minister for Industry and Commerce ;

(c) he is not a lunatic, idiot, or mentally deficient ;

(d) he is not the subject of a certificate given to the immigration officer by a medical inspector that for medical reasons it is undesirable that the alien should be permitted to land ;

(e) he has not been sentenced in a foreign country for any extradition crime within the meaning of the Extradition Acts, 1870 to 1906 ;

(f) he is not the subject of a deportation order in force in Saorstát Eireann under this Order or the Aliens Order, 1925 ;

(g) he has not been prohibited from landing by the Minister ;

(h) he fulfils such other requirements as may be directed from time to time by any general or special instructions of the Minister.

(3) An immigration officer, in accordance with general or special directions of the Minister, may, by general order or notice or otherwise, attach such conditions as he may think fit to the grant by him of leave to land, and the Minister may attach such conditions as he may think fit to the grant by him of leave to land, and the Minister may at any time add such conditions as he thinks fit to any such leave already granted whether by himself or an immigration officer and the alien shall comply with the conditions so attached or added.

An alien who fails to comply with any conditions so attached or added, and an alien who is found in Saorstát Eireann at any time after the expiration of the period limited by any such condition, shall for the purposes of this Order be deemed to be an alien to whom leave to land has been refused.

(4) An alien coming to Saorstát Eireann at any time either before or after the date of this Order from any part of Great Britain or Northern Ireland whose stay in Great Britain or Northern Ireland was subjected to a time limit shall :

(a) if that time limit has expired at or will expire within two days after the date of his landing in Saorstát Eireann be deemed for the purposes of this Order to be an alien coming from a place outside Great Britain and Ireland,

and

(b) if that time limit has not expired at and will not expire for more than two days after the date of his landing in Saorstát Eireann be deemed for the purposes of this Order to be an alien to whom leave to land has been given subject to the conditions that he shall leave Saorstát Eireann not less than two days before the expiration of the time limit aforesaid.

(5) An alien coming to Saorstát Eireann at any time either before or after the date of this Order from any part of Great Britain or Northern Ireland, who was given leave to land in Great Britain or Northern Ireland on condition that he should not enter into employment or on any similar condition shall be deemed to be an alien given leave to land in Saorstát Eireann on the same condition.

(6) An alien coming to Saorstát Eireann at any time either before or after the date of this Order, from any part of Great Britain or Northern Ireland, who either landed in Great Britain or Northern Ireland in contravention of the law there in force in relation to aliens, or is the subject of a Deportation Order or an Expulsion Order made in Great Britain or Northern Ireland, shall for the purposes of this Order be deemed to be an alien coming from a place outside Great Britain and Ireland.

6 Approved ports.

6.—(1) An alien (not being a seaman) coming from outside Great Britain and Ireland shall not land in Saorstát Eireann elsewhere than at an approved port : Provided that at a port other than an approved port :

(a) an alien seaman may land with the leave of an immigration officer, and

(b) any other alien may in special circumstances be permitted to land by the Minister.

(2) For the purposes of this Order the ports specified in the First Schedule to this Order, shall within the limits defined therein be approved ports.

7 Inspection and detention of aliens.

7.—(1) An immigration officer or a medical inspector may inspect any alien seeking to land in Saorstát Eireann, and any such inspection shall be made as soon as practicable after his arrival.

(2) For the purpose of any such inspection an alien may land, subject to such conditions as may be imposed either by an immigration officer or by the Minister, and any alien on whom any such condition is imposed shall not, for the purposes of this Order, be deemed to have landed so long as the conditions are complied with. An alien conditionally landed may be detained in such manner as the Minister may direct, and whilst so detained shall be deemed to be in legal custody. The Minister may direct that security shall be given by the owners, agents, or master of the ship in the case of aliens conditionally landed.

(3) An alien landing in contravention of this Order, and an alien arriving at any port other than an approved port may, until dealt with under this Order, be detained in such manner as the Minister may direct, and whilst so detained shall be deemed to be in legal custody.

(4) Where leave to land is refused to an alien, the alien may, with the leave of an immigration officer, be placed temporarily on shore and detained at some place approved by the Minister, and whilst so detained shall be deemed to be in legal custody and not to have landed.

(5) Any alien to whom leave to land has been refused or any alien to whom leave to land has not been granted, shall be removed from Saorstát Eireann by the master of the ship on which he arrived or if directions for this purpose are given by the Minister or an immigration officer, by the owner or agents of that ship to the country of which the alien is a National or from which he embarked for Saorstát Eireann or where (if a seaman) he was engaged.

Provided that this provision shall not apply if a period exceeding two months has elapsed since the date of the last arrival of the alien in Saorstát Eireann.

(6) Without prejudice to any other provision of this Article, where leave to land has been refused or has not been granted to an alien and such alien is found on shore in Saorstát Eireann, it shall be lawful for the immigration officer or any member of the Gárda Síochána, notwithstanding any intervening prosecution and imprisonment of the alien, at any time within one month after the arrival of the alien, to replace that alien on board the ship in which he arrived in Saorstát Eireann, or on board any ship belonging to the same owners and bound for the port from which the alien came to Saorstát Eireann.

(7) The master of any ship arriving at a port in Saorstát Eireann may detain on board any alien until inspected or landed for inspection under this Article, and shall on the request of an immigration officer so detain any alien arriving in that ship, whether seaman or passenger, to whom leave to land has been refused by an immigration officer, and any alien so detained shall be deemed to be in legal custody.

(8) Any alien landing or embarking at any place in Saorstát Eireann shall, on being required so to do by an immigration officer or a member of the Gárda Síochána acting under general or special directions of the Minister, make a declaration as to whether or not he is carrying or conveying any letters, written messages or memoranda, or any written or printed matter, including plans, photographs and other pictorial representations, and if so required shall produce to such officer or member any such letters, messages, memoranda, or written or printed matter, and such officer or member may search any such alien and any baggage belonging to him or under his control with a view to ascertaining whether the alien is carrying or conveying any such letters, messages, memoranda or written or printed matter, and may examine and detain, for such time as he may think proper for the purpose of such examination, any letters, messages, memoranda or written or printed matter pro duced to him or found on such search.

8 Returns as to aliens by masters of ships.

8. The master of any ship landing or embarking passengers, coming from or bound for a destination outside Great Britain and Ireland at any port in Saorstát Eireann, shall furnish to such person and in such manner as the Minister may direct, either generally or in any particular case, particulars with respect to any passengers who are aliens, and any passengers shall furnish to the master of the ship any information required by him for the purpose of the return.

9 Saving for transmigrante &c

9. Nothing in this Part of this Order shall prevent the landing in Saorstát Eireann of any alien who satisfies an immigration officer either :—

(1) that he holds a prepaid ticket to some destination outside Saorstát Eireann, and that the master or owner of the ship in which he arrived in or by which he is to leave Saorstát Eireann, has given security to the satisfaction of the Minister that, except for the purposes of transit or in other circumstances approved by the Minister, the alien will not remain in, or having been rejected by another country will not re-enter Saorstát Eireann, and will be properly maintained and controlled during transit ; or

(2) that having taken his ticket in Saorstát Eireann and embarked direct therefrom, for some other country after a period of residence in Saorstát Eireann of not less than six months, he has been refused admission to that Country and has returned direct therefrom to a port in Saorstát Eireann.

Provided than an alien who remains in or re-enters Saorstát Eireann, contrary to the terms or conditions of any bond executed in respect of him in pursuance of paragraph (1) of this Article, shall be deemed to be an alien to whom leave to land has been refused.

PART III.SUPERVISION AND DEPORTATION OF ALIENS.

10 Obligations on aliens to register.

10.—(1) An alien shall comply with the following requirements as to registration :—

(a) He shall, as soon as may be, furnish to the registration officer of the registration district in which he is resident, particulars as to the matters set out in the Second Schedule to this Order, and shall, unless he gives a satisfactory explanation of the circumstances which prevent his doing so, produce to the registration officer, either a passport furnished with a photograph and duly issued to him not more than five years previously, or some other document satisfactorily establishing his nationality and identity ;

(b) he shall furnish to the registration officer of the registration district in which he is resident particulars of any circumstances affecting in any manner the accuracy of the particulars previously furnished by him for the purpose of registration, within seven days after the circumstance has occurred, and generally shall supply to the registration officer all information (including where required by the registration officer a recent photograph) that may be necessary for maintaining the accuracy of the register kept under this Order ;

(c) he shall, if he is abort to change his residence, furnish to the registration officer of the registration district in which he is then resident, particulars as to the date on which his residence is to be changed, and as to his intended place of residence, and on affecting any change of residence from one registration district to another, he shall within forty-eight hours of his arrival in the registration district into which he moves, report his arrival to the registration officer of that district ;

(d) if at any time he is absent from his residence for a continuous period exceeding two months, he shall report to the registration officer of the district of his residence, his current address and every subsequent change of address, including his return to his residence ;

(e) he shall :

(i) on his registration obtain from the registration officer a registration certificate ;

(ii) on every subsequent alteration or addition of any entry in the register, relating to his registration, produce the certificate to the registration officer, in order that, if necessary, a corresponding alteration or addition may be made in the certificate ;

(iii) produce the certificate upon demand to any member of the Gárda Síochána or immigration officer, or to any other person authorised by the Minister for the purpose.

(2) If an alien has no residence in Saorstát Eireann he shall attend at the office of a registration officer and, so far as possible, supply the particulars that would be required under this Article if he were resident in the district of that officer, and shall report to the registration officer of any other district in which he stays for more than twenty-four hours. He shall also give notice of any intended change of address to the registration officer to whom he has last reported.

Provided that if any alien not having a residence in Saorstát Eireann, shall supply to a registration officer the name and address of a citizen of Saorstát Eireann resident within the registration district of that officer, and being a banker, solicitor, or the keeper, manager, or secretary of a hotel or of a tourist or theatrical agency, and a person who in the opinion of the registration officer is a person of respectability and good credit, the alien shall be deemed to be resident at that address, and the provisions of this Article (other than sub-clause (1) (d) as to reporting the current address), shall apply accordingly and it shall be the duty :

(a) of any such alien to keep the citizen of Saorstát Eireann whose name and address has been so supplied, informed as to his current address ;

(b) of the citizen of Saorstát Eireann on demand to furnish to any registration officer all information in his possession as to the alien.

(3) If an alien who is required under this Article to register or report is lodging with, or living as a member of the household of any other person, it shall be the duty of that person to take steps (either by giving notice to the registration officer of the presence of the alien in his household or otherwise) to secure compliance with the terms of this Order in respect of the registration of or reporting by the alien.

(4) A registration certificate shall be in such form and shall contain such particulars as the Minister may from time to time direct.

(5) The provisions of this Article shall not apply to any person under the age of sixteen years or to any alien not resident in Saorstát Eireann who has been in Saorstát Eireann for a period of not more than three months since the date of his last arrival or to any alien seaman not resident in Saorstát Eireann.

11 Non-resident alien seamen.

11. The provision of this Part of this Order as to registration does not apply to an alien seaman not resident in Saorstát Eireann whose ship remains at a port in Saorstát Eireann and who does not land in Saorstát Eireann for discharge.

12 Hotel-keepers and others to furnish particulars.

12.—(1) It shall be the duty of the keeper of any premises to which this Article applies to keep a register of all persons staying at the premises who are aliens not being under the age of sixteen years.

(2) The keeper of any such premises shall, on the arrival of any such alien at the premises, ascertain and enter or cause to be entered in the register kept for the purpose the name and nationality of such alien, together with the date of his arrival and the address from which he last came ; and on the departure of any such alien the keeper of the premises shall enter or cause to be entered in the register the date of departure and destination on departure of the alien, and if required by the Minister he shall also ascertain and enter in the register from time to time such other particulars as to the alien as the Minister may direct.

(3) The keeper of any premises to which this Article applies shall also, if directions for the purpose are issued by the Minister, make to the registration officer of the registration district in which the premises are situate such returns as to the persons staying at the premises, at such times or intervals and in such form, as may be specified in such directions.

(4) It shall be the duty

(a) of every person (whether an alien or not) staying at any premises to which this Article applies to sign, when so required, a statement as to his nationality and, if an alien, to furnish and sign a statement of the particulars required under this Article ;

(b) of the keeper of any premises to which this Article applies to require any person who stays at the premises to sign the statement and furnish the particulars required from him under this Article and to preserve such statement (including any statements supplied under this Article to any previous keeper of the premises) for a period of two years from the date when the statements were signed.

(5) Every register kept, and all particulars furnished, under this Article, shall at all reasonable hours be open for inspection by nay member of the Gárda Síochána or any officer of the Minister.

(6) The Minister may from time to time direct the form in which a register is to be kept or statements furnished under this Article.

(7) This Article applies to any premises whether furnished or unfurnished, which is an hotel or an inn or in which lodging or sleeping accommodation is provided for reward.

13 Registration authorities and officers.

13.—(1) There shall be provided and maintained under the directions of the Minister, a central register of aliens in which there shall be registered such particulars in such form as the Minister may from time to time direct.

(2) (a) For the purposes of this Order the Chief Superintendent of the Gárda Síochána for the Dublin Metropolitian Division shall be the registration officer for that division and the division of such Chief Superintendent shall be the registration district, and the Superintendent of the Gárda Síochána for every district outside the Dublin Metropolitan Division shall be the registration officer for the district of such Superintendent, and the district of such Superintendent shall be the registration district.

(b) A registration officer shall

(i) keep for his registration district a register of the aliens resident therein and required to be registered under this Order, and enter in the register particulars as to the matters set out in the Second Schedule to this Order, and such other particulars, and in such form as the Minister may from time to time direct ; and

(ii) furnish to the Minister for the purposes of the central register, at such time and in such manner as the Minister may from time to time direct, copies of all entries in the register, or such of them as the Minister may from time to time direct ; and

(iii) supply registration certificates to aliens in accordance with the provisions of this Order and on such terms as to payment or otherwise as the Minister may from time to time direct.

14 Deportation of aliens.

14.—(1) Subject to the restrictions imposed by the Aliens Act, 1935 (No. 14 of 1935), the Minister may, if he deems it to be conducive to the public good so to do make an order (in this Order referred to as a deportation order) requiring an alien to leave and to remain thereafter out of Saorstát Eireann.

(2) An Order made under this Article may be made subject to any conditions which the Minister may think proper.

(3) An alien with respect to whom a deportation order is made shall leave Saorstát Eireann in accordance with the order, and shall thereafter so long as the order is in force remain out of Saorstát Eireann.

(4) An alien with respect to whom a deportation order is made, or a recommendation is made by a court with a view to the making of a deportation order, may be detained in such a manner as may be directed by the Minister, and may be placed on a ship about to leave Saorstát Eireann, and shall be deemed to be in legal custody whilst so detained, and until the ship finally leaves Saorstát Eireann.

(5) The master of a ship about to call at any port outside Saorstát Eireann shall, if so required by the Minister, or by an immigration officer, receive an alien against whom a deportation order has been made and his dependents, if any, on board the ship, and afford him and them a passage to that port and proper accommodation and maintenance during the passage.

(6) Where a deportation order is made in the case of any alien, the Minister may, if he thinks fit, apply any money or property of the alien in payment of the whole or any part of the expenses of or incidental to the voyage from Saorstát Eireann and the maintenance until departure of the alien and his dependents (if any).

PART IV.MISCELLANEOUS.

15 Requirements as to documents of identity and supply of information

15.—(1) Every person (other than a person under the age of sixteen years) landing in Saorstát Eireann shall be in possession of a passport furnished with a photograph and duly issued not more than five years before the date of his arrival, or some other document establishing his nationality and identity to the satisfaction of an immigration officer.

(2) Every person landing or embarking in Saorstát Eireann shall furnish to an immigration officer such information in such manner as the Minister may from time to time direct.

(3) This Article shall not apply to any person coming from or embarking for a place within Great Britain or Ireland.

16 Appointment of officers.

16.—(1) Immigration officers for the purposes of this Order shall be appointed by the Minister, and the Minister may arrange with the Revenue Commissioners for the employment of officers of Customs and Excise as immigration officers under this Order.

(2) Medical Inspectors for the purposes of this Order may be appointed by the Minister with the concurrence of the Minister for Local Government and Public Health.

(3) Immigration officers and medical inspectors appointed under this Order shall have power to enter or board any vessel, and to detain and examine any person arriving at or leaving any port in Saorstát Eireann who is reasonably supposed to be an alien, and to require the production of any documents by such person, and shall have such other powers and duties as are conferred upon them by or under this Order, or as may be directed from time to time by the Minister for giving effect to this Order.

17 Powers to arrest without warrant.

17. Any person who acts in contravention of this Order, or is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by an immigration officer or by any member of the Gárda Síochána.

18 Retention of nationality, & c.

18. For the purposes of this Order :—

(1) Where an alien acquired a nationality at birth he shall be deemed to retain that nationality unless he has subsequently acquired by naturalisation or otherwise some other nationality, and is still recognised by the Sovereign or State whose nationality he has acquired as entitled to protection ;

(2) Where an alien is recognised as a national by the law of more than one foreign State or where for any reason it is uncertain what nationality (if any) is to be ascribed to an alien, that alien may at the discretion of the Minister either be treated as a national of the State with which he is in the opinion of the Minister most closely connected for the time being in interest or sympathy, or as being of uncertain nationality, or of no nationality ;

(3) Where any deportation order is in force against any person that person shall, unless the Minister otherwise directs be deemed to retain his nationality as at the date of the Order notwithstanding any intervening naturalisation, marriage or any other event.

FIRST SCHEDULE.

LIST OF APPROVED PORTS.

MOVILLE,

COBH, AND

GALWAY.

SECOND SCHEDULE.

PARTICULARS TO BE FURNISHED ON REGISTRATION.

1. Name in full, and sex.

2. Present nationality and how and when acquired and previous nationality (if any).

3. Date and country of birth.

4. Profession or occupation.

5. Date, place and mode of arrival in Saorstát Eireann, Great Britain, or Northern Ireland.

6. Address of residence in Saorstát Eireann.

7. Address of last residence outside Saorstát Eireann.

8. Photograph (which, if not furnished by the alien, may be taken by the registration officer).

9. Government services, name of country served, nature and duration of service, and rank and appointments held.

10. Particulars of passport or other document establishing nationality and identity.

11. Signature (which, if required, shall be in the characters of the language of the alien's nationality) and finger prints if required.

12. Any other matter of which particulars are required by the registration officer.

Given under my Seal of Office this 12th day of April, 1935.

(Signed) P. J. RUTTLEDGE,

Minister for Justice.

(Signed) M. Ó CUINNEÁIN.