Immigration Act 2004

F12 [ Provision for particular non-nationals.

14

14. (1) The Minister, an immigration officer or a member of the Garda S í och á na may, by notice in writing, require a non-national who does not have permission to be in the State to comply with any or all of the following conditions:

(a) that he or she reside or remain in a particular district or place in the State;

(b) that he or she report at specified intervals to

(i) an officer of the Minister, an immigration officer or a member of the Garda S í och á na specified in the notice, or

(ii) the registration officer of the registration district in which he or she is resident;

(c) where, and only for so long as, it is reasonably necessary to facilitate his or her removal from the State in accordance with any enactment or other law, that he or she surrender his or her passport and any other travel document that he or she holds,

and the non-national shall comply with the requirement.

(2) A non-national who contravenes this section shall be guilty of an offence.

(3) Where a non-national who is complying with a notice under subsection (1)(c) , as a result of that compliance, fails to comply with the requirements of section 12(1) (as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011 )

(a) his or her compliance with the notice shall constitute reasonable cause for the purposes of section 12(2)(b) , and

(b) in proceedings referred to in section 12(2)(b) , a certificate signed by the Minister, an immigration officer or a member of the Garda S í och á na stating that the non-national concerned was, at the time of the alleged offence under section 12 , in compliance with the notice, shall, in the absence of evidence to the contrary, be proof of that fact.

(4) In this section, enactment means

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorst á t É ireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b). ]

Annotations:

Amendments:

F12

Substituted (13.11.2014) by Employment Permits (Amendment) Act 2014 (26/2014), s. 35(d), S.I. No. 522 of 2014.