Immigration Act 2004

Application of Act.

2

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.

F2 [ (1A) Without prejudice to the generality of subsection (1), this Act shall not apply to the following persons:

(a) a member of the mission as defined in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of such a member,

(b) a private servant as defined in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of a private servant,

(c) a member of the consular post where that post is headed by a career consular officer, as defined in Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of such a member,

(d) a member of the private staff as defined in Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of such a member,

(e) a preclearance officer as defined in section 1 of the Aviation (Preclearance) Act 2009 and a dependant of a preclearance officer, and

(f) an official of an international organisation, community or body assigned to official duty in the State and a person who is a member of the family and forms part of the household of such an official,

where that person has been duly notified to, and that notification has not been objected to by, the Minister for Foreign Affairs and Trade. ]

(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 NonEconomically 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.