S.I. No. 444/2012 - Immigration Act 2004 (Registration Certificate Fee) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th November, 2012.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 19 (as amended by section 34 (c) of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) and section 20 of the Immigration Act 2004 (No. 1 of 2004) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, make the following regulations:

1. (1) These Regulations may be cited as the Immigration Act 2004 (Registration Certificate Fee) Regulations 2012.

(2) These Regulations come into operation on 19th November 2012.

2. In these Regulations—

“Act of 1996” means the Refugee Act 1996 (No. 17 of 1996);

“Act of 2004” means the Immigration Act 2004 (No. 1 of 2004);

“Administrative Immigration Arrangements” means the arrangements of the Minister known as the “Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking”;

“civil partner” has the same meaning as it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010);

“Minister” means the Minister for Justice and Equality.

3. The amount of €300 is prescribed for the purposes of section 19(1)(b) of the Act of 2004.

4. The fee prescribed in Regulation 3 is waived in respect of persons belonging to any of the following classes:

(a) non-nationals who, at the time of registration under section 9 of the Act of 2004, are—

(i) under the age of 18 years,

(ii) the spouse or surviving spouse of an Irish citizen,

(iii) the civil partner or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of an Irish citizen, or

(iv) holders of a valid residence card issued under Regulation 7 of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006 );

(b) persons in respect of whom a declaration under section 17 of the Act of 1996 is, for the time being, in force;

(c) persons who have been granted permission under section 18 of the Act of 1996 to enter and reside in the State;

(d) programme refugees within the meaning of section 24 of the Act of 1996;

(e) persons to whom the Minister has granted a temporary residence permission in accordance with the Administrative Immigration Arrangements, which permission is still valid;

(f) persons below the age of 18 years who have a permission to remain lawfully in the State for a recovery and reflection period in accordance with the Administrative Immigration Arrangements but who have not been granted a temporary residence permission in accordance with those Arrangements.

5. The Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 ( S.I. No. 449 of 2011 ) are revoked.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

30 October 2012.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

6 November 2012.

ALAN SHATTER,

Minister for Justice and Equality.