Immigration Law
The Immigration Residence and Protection Bill 2010 (Not Enacted)
The Immigration Residence and Protection Bill 2010 has been in the making since 2007. This is the third time the legislature has tried to pass the bill, however it looks likely that yet again it will fall.
The Bill is currently at Committee Stage. This means that it has been pressented at the Dail, was referred to Committee, and is now in the process of being debated. It presently lies in the hands of the Select Committee on Justice, Defence and Women's Rights.
The Integration Centre has joined the NGO Coalition in lobbying against the provision for summary deportation in the 2010 Bill. To this end we have produced literature such as a coalition document, submissions to the dail, press releases and were part of the protest outside the dail which took place on the first day of the debate at Committee Stage.
To read our submission to the dail, or the coalition document click here.
To read the Immigration Residence and Protection Bill 2010 click here.
The Immigration Act 2004
This act mainly implements regulations regarding registration requirements, ports of landing, hotel registers, examination and detention of non-nationals, power to arrest without a warrant, identity documents and the supply of information.
To view the Immigration Act, 2004 click here
The Immigration Act 2003
The Immigration Act, 2003 commenced with effect from 15 September 2003. A central element includes the introduction of 'carrier sanctions'. The aim was to improve controls on illegal migration into Ireland. This is designed to require carriers to carry out basic checks to ensure that passengers boarded for carriage into the State from outside the Common Travel Area (UK, Northern Ireland, the Channel Islands and the Isle of Man) are in possession of valid documentation necessary for entry into the State. The Act also provides for the removal of persons who have been denied leave to land in the state (section 5). The Act also includes provisions concerning detention.
To view the Immigration Act, 2003 click here
The Immigration Act 1999
This act gives the Minister for Justice, Equality and Law Reform authority to issue deportation orders to non- Irish nationals living in Ireland. The Acts sets out the procedure under which the Minister may issue a deportation order.
If the Minister intends to make a deportation in respect of an individual (including a person who is not declared as a refugee on appeal), s/he will be notified that the Minister proposes to make a deportation order under section 3 of the Immigration Act, 1999. Where the Minister proposes to make a deportation order requiring the person will be given three alternatives
(i) to make representations to the Minister within fifteen working days setting out why s/he should be allowed remain in the State;
(ii) to leave the State before the Minister decides the matter and inform the Minister in writing of the arrangements that have been made
(iii) to consent to the making of the deportation order within fifteen working days.
The Minister for Justice, Equality and Law Reform must consider certain factors before deciding to deport someone. These are listed in Section 3 (6) of the Immigration Act and are:
(a) the age of the person;
(b) the duration of residence in the State of the person;
(c) the family and domestic circumstances of the person;
(d) the nature of the persons' connection with the State, if any;
(e) the employment (including self-employment) record of the person;
(f) the employment (including self-employment) prospects of the person;
(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State(including any criminal convictions);
(h) humanitarian considerations;
(i) any representations duly made by or on behalf of the person;
(j) the common good and
(k) considerations of national security
To view the Immigration Act of 1999, click here