S.I. No. 319/1999 - Immigration Act, 1999 (Deportation) Regulations, 1999.

I, JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 7 of the Immigration Act, 1999 (No. 22 of 1999), hereby make the following regulations:

1. These Regulations may be cited as the Immigration Act, 1999 (Deportation) Regulations, 1999.

2. In these Regulations “the Act” means the Immigration Act, 1999 (No. 22 of 1999).

3. The form set out in the Schedule to these Regulations is hereby prescribed for the purposes of section 3(7) of the Act.

4. Garda Síochána stations, Mountjoy Prison and The Training Unit, Glengariff Parade, Dublin are hereby prescribed places for the purposes of section 5(1) of the Act.

5. Immigration officers and members of the Garda Síochána shall be persons authorised by the Minister to deport a person from the State for the purposes of section 8(1) of the Act.

6. Where an immigration officer or member of the Garda Síochána arrests a person pursuant to section 5(1) of the Act and where he or she proposes to detain the person in a prescribed place, he or she shall, in writing, inform the Member in Charge, in the case of a Garda Síochána station, or the Governor, in any other case, of the arrest and direct that the person be detained until further notice.

SCHEDULE

IMMIGRATION ACT, 1999.

DEPORTATION ORDER.

WHEREAS it is provided by subsection (1) of section 3 of the Immigration Act, 1999 (No. 22 of 1999) that, subject to the provisions of section 5 (prohibition of refoulement) of the Refugee Act, 1996 , (No. 17 of 1996) and the subsequent provisions of the said section 3, the Minister for Justice, Equality and Law Reform may by order require any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State;

WHEREAS............................................is a person in respect of whom a deportation order may be be made under subsection (2) (insert applicable paragraphs) of the said section 3;

AND WHEREAS the provisions of section 5 (prohibition of refoulement) of the Refugee Act, 1996 and the provisions of the said section 3 are complied with in the case of (insert name of person);

NOW I............................................., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by the said subsection (1) of section 3, hereby require you the said................................................. to leave the State (within the period ending on the date specified in the notice served on or given to you under subsection (3)(b)(ii) of the said section 3, pursuant to subsection (9)(a) of the said section 3)^* (within the period ending on the date specified by me in the notice served on or given to you with a copy of this order)^** and to remain thereafter out of the State.

^* Delete in the case of a person for whom a notice under subsection 3(b)(ii) is not required.

^** Delete in the case of a person for whom a notice under section 3(b)(ii) is required.