Immigration Act 2004

19

F14 [ Fees.

19. (1) ( a ) There shall be paid to the Minister by the non-national concerned in respect of the making of an application for, or the giving of, a permission, or both, such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.

( b ) There shall be paid to the registration officer concerned by the non-national concerned in respect of the issue of a registration certificate such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.

( c ) There shall be paid to the Minister by the non-national concerned in respect of the issue of a travel document such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.

(2) The Minister may refuse to

( a ) consider an application for a permission,

( b ) give a permission, or

( c ) issue a travel document,

if the appropriate fee, prescribed under paragraph (a) or (c) of subsection (1) , has not been paid.

(3) The registration officer concerned may refuse to issue a registration certificate if the appropriate fee, prescribed under subsection (1)(b) , has not been paid.

(4) A fee payable under this section may be recovered by the person to whom it is payable from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(5) Regulations under subsection (1)(a) may prescribe different fees to be paid in different circumstances or in respect of different permissions (including permissions to which different conditions are attached under section 4(6) ).

(6) Regulations under this section may provide for the waiver in specified circumstances of any prescribed fees, including fees payable by

( a ) adult persons unable without undue hardship to arrange for their payment for themselves and their dependants,

( b ) applicants within the meaning of the Act of 1996, and

( c ) persons in respect of whom a declaration (within the meaning of that Act) is in force.

(7) In this section, travel document means a document (other than a document to which section 4(1) of the Refugee Act 1996 refers) issued solely for the purpose of providing the holder with a document which can serve in lieu of a national passport. ]

Annotations:

Amendments:

F14

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 34(c), commenced on enactment.

Modifications (not altering text):

C4

Functions under subs. (1) transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3, sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

...

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

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...

...

No. 1 of 2004

Immigration Act 2004

Section 19(1)

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...

Editorial Notes:

E26

Power pursuant to section exercised (29.06.2017) by Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2017 (S.I. No. 277 of 2017).

E27

Power pursuant to section exercised (19.01.2017) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017).

E28

Power pursuant to section exercised (1.04.2015) by Immigration Act 2004 (Student Probationary Extension) (Giving of Permission) (Fee) Regulations 2015 (S.I. No. 133 of 2015), in effect as per reg. 1(2).

E29

Power pursuant to section exercised (24.07.2013) by Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013 (S.I. No. 324 of 2013).

E30

Power pursuant to section exercised (19.11.2012) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), in effect as per reg. 1(2).

E31

Power pursuant to section exercised (18.07.2012) by Immigration Act 2004 (Start-Up Entrepreneur Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 259 of 2012).

E32

Power pursuant to section exercised (1.08.2011) by Immigration Act 2004 (Travel Document Fee) Regulations 2011 (S.I. No. 403 of 2011), in effect as per reg. 2.

E33

Power pursuant to subs. (1)(a) exercised (7.09.2009) by Long Term Residency (Fees) Regulations 2009 (S.I. No. 287 of 2009), in effect as per reg. 2(2).

E34

Previous affecting provision: power pursuant to section exercised (18.07.2012) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 258 of 2012); revoked (19.01.2017) by Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017), reg. 4.

E35

Previous affecting provision: power pursuant to section exercised (30.06.2011) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011), in effect as per reg. 1(2); revoked (19.11.2012) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), reg. 5, in effect as per reg. 1(2).

E36

Previous affecting provision: power pursuant to section exercised (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), in effect as per reg. 1(2); revoked (30.06.2011) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011), reg. 5, in effect as per reg. 1(2).

E37

Previous affecting provision: power pursuant to section exercised (27.05.2006) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2006 (S.I. No. 253 of 2006), in effect as per reg. 1(2); revoked (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), reg. 5, in effect as per reg. 1(2).