Immigration Act 2004
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Application of Act. |
2.—(1) This Act shall not apply to any of the following persons, that is to say: | |
(a) a person entitled in the State to privileges and immunities under section 5 of the Diplomatic Relations and Immunities Act 1967 ; | ||
(b) a person entitled in the State to privileges and immunities under section 6 of that Act; | ||
(c) a person entitled in the State to privileges and immunities under any other Act of the Oireachtas or any instrument made thereunder. | ||
(2) Nothing in this Act shall derogate from— | ||
(a) any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003, | ||
(b) any act adopted by an institution of those Communities, | ||
(c) section 9 (1) of the Refugee Act 1996 , | ||
(d) the European Communities (Aliens) Regulations 1977 ( S.I. No. 393 of 1977 ), or | ||
(e) the European Communities (Right of Residence for Non Economically Active Persons) Regulations 1997 ( S.I. No. 57 of 1997 ). | ||
(3) If, in any proceedings, whether civil or criminal, any question arises under or in relation to a provision of this Act, the Act of 1999 or the Immigration Act 2003 as to whether any person is or is not a non-national, or is or is not a non-national of a particular nationality or otherwise of a particular class, or is or is not a particular non-national specified in an order made under the Act of 1999, the onus of proving (as the case may require) that such person is not a non-national, or is not a non-national of a particular nationality or of a particular class, or is not such a particular non-national, shall lie on such person. |