S.I. No. 182/1972 - Aliens (Amendment) Order, 1972.

S.I. No. 182 of 1972.

ALIENS (AMENDMENT) ORDER, 1972.

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Aliens Act, 1935 (No. 14 of 1935), hereby order as follows :

1. (1) This Order may be cited as the Aliens (Amendment) Order, 1972.

(2) The Aliens Order, 1946 and 1962, and this Order may be cited together as the Aliens Orders, 1946 to 1972, and shall be construed together as one Order.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. This Order shall come into operation on the 10th day of August, 1972.

4. The Aliens (Amendment) Order, 1966 ( S.I. No. 12 of 1966 ), is hereby revoked.

5. In this Order " the Principal Order " means the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 ).

6. The following paragraphs are hereby substituted for paragraphs (1) and (3) respectively, of Article 5 of the Principal Order :

" (1) An alien coming from any place outside the State other than Great Britain or Northern Ireland shall, on arrival in the State, apply or present himself to an immigration officer for leave to land.

(3) An immigration officer may refuse leave to land to an alien coming from any place outside the State other than Great Britain or Northern Ireland on any one of the following grounds, namely, where the immigration officer is satisfied that the alien—

(a) is not in a position to support himself and any accompanying dependants ;

(b) being desirous of entering the service of an employer in the State, is not in possession of a valid permit for his employment issued to the employer by the Minister for Labour ;

(c) is suffering from mental disorder or contagious disease ;

(d) has been convicted, whether within or outside the jurisdiction of the State, in respect of an offence that is punishable under the law of the place of conviction by imprisonment for a maximum period of at least one year ;

(e) not being a citizen of a country with which the State has an agreement for the abolition of visas, is not the holder of a valid Irish visa ;

(f) is the subject of a Deportation Order under Article 13 of this Order ;

(g) has been prohibited from landing by order of the Minister under the Aliens Act, 1935 ;

(h) belongs to a class of aliens prohibited from landing by order of the Minister under the Aliens Act, 1935 ;

(i) is not in possession of a valid passport or other document establishing his nationality and identity to the immigration officer's satisfaction which—

(I) was issued by or on behalf of an authority recognised by the Government, and

(II) does not purport to have been renewed otherwise than by or on behalf of an authority so recognised ;

(j) intends to travel (whether immediately or not) to Great Britain or Northern Ireland and the immigration officer is further satisfied that the alien would be refused leave to enter Great Britatin or Northern Ireland if he arrived there from a place other than the State."

7. Where an immigration officer refuses leave to land to an alien he shall as soon as may be inform the alien in writing of the ground or grounds (being a ground or grounds set out in the Aliens Orders, 1946 to 1972) on which leave to land is refused.

8. Article 7 of the Principal Order is hereby amended by the deletion of paragraphs (1) to (6) and by the substitution therefor of the following paragraphs :

" (1) An alien to whom leave to land has been refused may be arrested by an immigration officer or by a member of the Garda Síiochána and the alien, where so arrested, may be detained under warrant of that immigration officer or member of the Garda Síochána in any one of the places named in the Fourth Schedule to this Order by and in the custody of such officer of the Minister or member of the Garda Síochána as is for the time being in charge of such place.

(2) An alien detained in pursuance of paragraph (1) of this Article may be detained only until such time (being as soon as practicable) as he is, in accordance with this Article, removed from the State."

9. The following Schedule is hereby inserted in the Principal Order after the Third Schedule thereof :

" FOURTH SCHEDULE

Bridewell Garda Station, Cork ;

Bridewell Garda Station, Dublin ;

Cork Prison;

Limerick Prison ;

Mountjoy Prison ;

St. Patrick's Institution."

10. An alien, other than an alien to whom paragraph (2B) (inserted by Article 4 of the Aliens (Amendment) Order, 1962 ( S.I. No. 112 of 1962 ) ) of Article 5 of the Principal Order applies, may not enter the service of an employer in the State save in accordance with a permit issued to the employer by the Minister for Labour.

GIVEN under my Official Seal this 28th day of July, 1972.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

This Order amends the Aliens Order, 1946, and revokes the Aliens (Amendment) Order, 1966. It sets out the grounds on which an immigration officer may refuse leave to land to an alien and providesthat a person refused leave to land must be informed in writing as soon as may be of the ground or grounds on which leave to land is being refused. The Order has provisions relating to the arrest and detention of persons refused leave to land. These replace provisions in the 1946 Order. The Order also provides that, in general, an alien may not take up employment save in accordance with a permit from the Minister for Labour.