S.I. No. 12/1966 - Aliens (Amendment) Order, 1966.


S.I. No. 12 of 1966.

ALIENS (AMENDMENT) ORDER, 1966.

I, BRIAN LENIHAN, 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, 1966.

(2) The Aliens Orders, 1946 and 1962, and this Order may be cited as the Aliens Orders, 1946 to 1966.

2. Article 5 of the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 ), is hereby amended by the insertion after paragraph (2B) (inserted by the Aliens (Amendment) Order, 1962 ( S.I. No. 112 of 1962 )), of the following paragraphs :

" (2C) Notwithstanding anything contained in paragraph (2B) of this Article, an immigration officer may refuse to grant leave to land in the State to an alien to whom that paragraph applies and who is coming from a place outside the State other than Great Britain or Northern Ireland—

(a) if the alien does not satisfy the officer that he has in his possession a valid passport 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,

or

(b) if it appears to the officer that it is the intention of the alien to travel from the State (whether immediately or not) to Great Britain or Northern Ireland and the officer has reason to believe that the alien would be refused admission to or leave to land in Great Britain or Northern Ireland if he arrived there from a place other than a place in the State.

(2D) Where, but for this paragraph, an alien would, by virtue of subparagraph (a) of paragraph (2C) of this Article, be refused leave to land in the State by an immigration officer and the officer is satisfied that—

(a) the intention of the alien is to travel from the State to Great Britain or Northern Ireland, and

(b) he has in his possession a passport (whether valid or not) which the officer has reason to believe would, if presented to an immigration officer at a port in Great Britain or Northern Ireland, be impounded,

the officer may, in lieu of refusing leave to land in the State, grant such leave on condition that the passport is surrendered to him.

(2E) In paragraphs (2C) and (2D) of this Article " passport " includes any document establishing a person's nationality and identity to the satisfaction of an immigration officer."

GIVEN under my Official Seal, this 19th day of January, 1966.

BRIAN LENIHAN,

Minister for Justice.

EXPLANATORY NOTE.

The Aliens (Amendment) Order, 1962, gives rights of admission to citizens of named states (being member States of the British Commonwealth and the Republic of South Africa) subject to certain specified conditions.

The present Order provides that, notwithstanding those rights, a citizen of any of those states may be refused admission in certain specified circumstances.