S.I. No. 446/2003 - Immigration Act 2003 (Removal Direction) Regulations 2003
I, Michael McDowell TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 11 of the Immigration Act 2003 (No. 26 of 2003), hereby make the following Regulations: 1.—(1) These Regulations may be cited as the Immigration Act 2003 (Removal Direction Regulations 2003. | ||||||||
(2) These Regulations come into operation on 19 September 2003. 2.—The form in the Schedule to these Regulations shall be the prescribed form for the purposes of section 5 (10)(b) of the Immigration Act 2003 . | ||||||||
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Schedule Immigration Act 2003 Direction to carrier under section 5(10) | ||||||||
From: [insert name of Immigration Officer / Member of the Garda Síochána] | ||||||||
To: [insert name of carrier] | ||||||||
In exercise of the powers conferred on me by section 5 (10)(b) of the Immigration Act 2003 I hereby direct you, the above named carrier, to remove [insert name], [insert nationality where known apparent nationality to the extent that it can be ascertained, or “not known” as appropriate] to [insert place outside the State] on [insert date of removal]. | ||||||||
[insert name] was brought to the port of [insert place of arrival in the State] from [insert place of last embarkation for the State] by you and is a person to whom the provisions of section 5(1) (a)* (b)* , (c)* , (d)* of the Immigration Act, 2003 apply. | ||||||||
You shall remove the person concerned by transporting him/her (in a vehicle under your control)** (or)** , (by arranging with another carrier for his/her removal)** . | ||||||||
Signed: _______________________________ Date: __________________ | ||||||||
Failure to comply with this direction constitutes a criminal offence in accordance with section 5 (11) of the Immigration Act 2003 and a member of the Garda Síochána may arrest without warrant a person whom he or she suspects of having committed that offence. | ||||||||
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Explanatory Note | ||||||||
(This note is not part of the instrument and does not purport to be a legal interpretation) | ||||||||
These Regulations prescribe the form to be used by an immigration officer or a member of the Garda Síochána to give a direction in writing to a carrier to remove a person from the State. | ||||||||
** Delete at discretion of Immigration Officer/Member of the Garda Síochána ** Delete at discretion of Immigration Officer/Member of the Garda Síochána ** Delete at discretion of Immigration Officer/Member of the Garda Síochána ** Delete at discretion of Immigration Officer/Member of the Garda Síochána |
