International Protection Act 2026
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Offences relating to travel document | ||
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209. (1) A person who, whether in the State or elsewhere— | ||
(a) in connection with an application for the issue of a travel document (whether or not to himself or herself or another person), provides information or documents that are, and that he or she knows or believes to be or is reckless as to whether they are, false or misleading in a material respect, | ||
(b) has, without lawful authority or reasonable excuse, in his or her possession or control a travel document that is, and that he or she knows or believes to be, a false travel document, | ||
(c) uses, or attempts to use, a travel document that was not issued to him or her, knowing or believing that it was not issued to him or her, as evidence of identity (whether or not in connection with travel abroad), | ||
(d) uses, or attempts to use, a travel document that is, and that he or she knows or believes to be, a false travel document as evidence of identity (whether or not in connection with travel abroad), | ||
(e) uses, or attempts to use, a travel document that has been cancelled, or is required to be surrendered to the Minister, under section 208 , knowing or believing that the travel document has been so cancelled or has been required to be so surrendered, as evidence of identity (whether or not in connection with travel abroad), | ||
(f) permits— | ||
(i) a travel document that was issued to him or her, or | ||
(ii) a travel document other than a travel document that was issued to him or her that he or she has in his or her possession or control, | ||
to be falsely used by another person as evidence of that person’s identity (whether or not in connection with travel abroad), or is reckless regarding such use by another person of the travel document, | ||
(g) sells, or attempts to sell, a travel document (whether or not a travel document that was issued to him or her), | ||
(h) wilfully damages or destroys a travel document (whether or not a travel document that was issued to him or her), | ||
(i) knowingly makes, or attempts to make, a travel document that is false, | ||
(j) without lawful authority or reasonable excuse, makes or has in his or her possession or control a machine, stamp, implement, paper or any other material, which to his or her knowledge is or has been specially designed or adapted for the making of a travel document that is false with the intention that it would be so used, or | ||
(k) is required by subsection (3), (4) or (5) of section 208 to surrender a travel document to the Minister, or is required in the alternative by the said subsection (5) to deliver a travel document to a Garda Síochána station, but, without reasonable excuse, does not do so in accordance with the requirement, | ||
shall be guilty of an offence. | ||
(2) A person guilty of an offence under paragraph (b), (c), (h), (j) or (k) of subsection (1) shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 5 years, or both. | ||
(3) A person guilty of an offence under paragraph (a), (d), (e), (f), (g) or (i) of subsection (1) shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both. | ||
(4) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(5) Where the affairs of a body corporate are managed by its members, subsection (4) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. | ||
(6) In this section, “false travel document” means— | ||
(a) a travel document that is false, or | ||
(b) a travel document that is issued following the provision in connection with the application for the travel document of information or documents that are false or misleading in a material respect. |