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S.I. No. 500/2004 - Refugee Act (Section 22) (Amendment) Order 2004

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STATUTORY INSTRUMENTS.

S.I. No. 500 of 2004 .

REFUGEE ACT (SECTION 22) (AMENDMENT) ORDER 2004.

S.I. No. 500 of 2004 .

REFUGEE ACT (SECTION 22) (AMENDMENT) ORDER 2004.

I, MICHAEL McDOWELL T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 22 (as amended by section 7(l) of the Immigration Act 2003 (No. 26 of 2003)) of the Refugee Act 1996 (No. 17 of 1996), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 ), and for the purpose of giving effect to Council Regulation (EC) No. 343/20031 , hereby order as follows:

1.  This Order may be cited as the Refugee Act (Section 22) (Amendment) Order 2004.

2.  Article 7 of the Refugee Act 1996 (Section 22) Order 2003 ( S.I. No. 423 of 2003 ) is amended by the substitution of the following paragraph for paragraph (5):

“(5) A person to whom a notice under paragraph (2) has been issued may without further notice be arrested by an immigration officer or a member of the Garda Síochána and detained under warrant of that officer or member in a place standing prescribed for the purposes of section 5(2)(a) of the Immigration Act 2003 (No. 26 of 2003) for the purpose of ensuring his or her departure from the State in accordance with the transfer order and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of that place.”

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GIVEN under my Official Seal, 30 July 2004.

MICHAEL McDOWELL T.D.,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order amends Refugee Act 1996 (Section 22) Order 2003 ( S.I. No. 423 of 2003 ), which puts in place the arrangements necessary in the State to give full effect to Council Regulation (EC) No. 343/2003. That Council Regulation sets out the rules and procedures for determining which member state of the European Union is responsible for dealing with an asylum application made in one of them. The amendment effected by this Order provides that where a person to be transferred is detained pending transfer, the detention is in a place prescribed for the detention of persons being removed from the State under section 5 of the Immigration Act 2003 .

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