S.I. No. 24/1999 - Aliens (Amendment) (No. 2) Order, 1999.

I, JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 5 of the Aliens Act, 1935 (No. 14 of 1935), hereby order as follows:

Title, collective citation and construction.

1. (1) This Order may be cited as the Aliens (Amendment) (No. 2) Order, 1999.

(2) This Order shall be construed as one with the Aliens Orders, 1946 to 1999, and shall be included in the collective citation “Aliens Orders, 1946 to 1999”.

Interpretation.

2. (1) In this Order, “the Principal Order” means the Aliens Order 1946 ( S.R. & O. No. 395 of 1946 ).

(2) The Interpretation Acts, 1937 to 1997, apply to this Order.

Amendment of Article 3 of Principal Order.

3. The Principal Order is hereby amended by the substitution, in Article 3, of the following definition for the definition of “alien”:

“the word ‘alien’ does not include a British citizen;”.

Employment of aliens.

4. The Principal Order is hereby amended by the substitution of the following for Article 4 (inserted by the Aliens (Amendment) Order, 1975 ( S.I. No. 128 of 1975 ):

“4. (1) An alien shall not—

(a) enter the service of an employer in the State, or

(b) be in employment in the State, except in accordance with a permit issued by the Minister for Enterprise, Trade and Employment.

(2) Paragraph (1) of this Article applies—

(a) whether or not the alien has been given leave to land or leave to stay in the State in accordance with this Order, and

(b) whether or not any such leave has been granted subject to conditions as to employment or otherwise.”.

Criteria for leave to land.

5. Article 5 of the Principal Order (as amended by the Aliens (Amendment) Order, 1975 ( S.I. No. 128 of 1975 )) is hereby amended—

(a) by the substitution of the following for paragraph (2):

“(2) An immigration officer may refuse leave to land to an alien coming from a place outside the State other than Great Britain or Northern Ireland if the immigration officer is satisfied—

(a) that the alien is not in a position to support himself or herself and any accompanying dependants;

(b) that the alien, although wishing to take up employment in the State, is not in possession of a valid permit for such employment issued by the Minister for Enterprise, Trade and Employment;

(c) that the alien suffers from a disease or disability specified in the Fifth Schedule to this Order;

(d) that the alien has been convicted (whether in the State or elsewhere) of an offence punishable under the law of the place of conviction by imprisonment for a maximum period of at least one year;

(e) that the alien, not being a member of a class of persons designated by order of the Minister as not requiring a visa, is not the holder of a valid Irish visa;

(f) that the alien is the subject of—

(i)  a deportation order or

(ii) an order excluding him or her from the State or

(iii) a determination by the Minister that it is conducive to the public good that he or she remain out of the State;

(g) that the alien has been prohibited from landing in or entering into the State by order of the Minister under the Aliens Act, 1935 (No. 14 of 1935);

(h) that the alien belongs to a class of aliens prohibited from landing in or entering into the State by order of the Minister under the Aliens Act, 1935 (No. 14 of 1935);

(i) that the alien is not in possession of a valid passport or other document which—

(i)  establishes his or her identity to the officer's satisfaction,

(ii) was issued by or on behalf of an authority recognised by the Government, and

(iii) does not purport to have been renewed otherwise than by or on behalf of such authority;

(j) that the alien—

(i)  intends to travel (whether immediately or not) to Great Britain or Northern Ireland, and

(ii) would not qualify for admission to Great Britain or Northern Ireland if he or she arrived there from a place other than the State;

(k) that the alien, having arrived in the State in the course of employment as a seaman or as a member of the crew of a ship or aircraft, has remained in the State without the leave of an immigration officer after the departure of the ship or aircraft in which he or she arrived;

(l) that the alien's entry into, or presence in, the State would pose a threat to national security or would be contrary to public policy;

(m) that there is reason to believe that the alien, with intent to deceive, seeks to enter the State for a purpose or purposes other than those expressed by the alien.”;

and

(b) by the substitution, in paragraph (7), of the following subparagraph for subparagraph (b):

“(b) An alien to whom this paragraph applies who is not a member of a class of persons designated by order of the Minister as not requiring a visa shall have a valid Irish visa.”.

Revocation of article 5A.

6. Article 5A of the Principal Order (inserted by the Aliens (Amendment) Order 1988 ( S.I. No. 301 of 1988 )) and the schedule thereto are hereby revoked.

EXPLANATORY NOTE.

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

This Order amends the Aliens Order 1946 by making the existence of a work permit a requirement for an alien who is in as well as who enters employment; by restating the grounds for refusal of leave to land to refer to classes of persons exempt from Irish visa requirements and classes of persons requiring a transit visa; and by adding new grounds for refusal of leave to land (national security/public policy and deceitful entry for a purpose other than stated).