Immigration Act 2004

Approved port.

6

6.—(1) A non-national (other than a seaman) coming by sea or air from outside the State shall not, without the consent of the Minister, land elsewhere than at an approved port.

(2) F6 [ ]

(3) A non-national who lands in the State in contravention of this section shall be deemed to be a non-national who has been refused a permission.

(4) A non-national who lands in the State in contravention of this section shall be guilty of an offence.

F7 [ (5) The Minister may by order designate a port to be an approved port for the purposes of this section and a reference in this section to an approved port is a reference to a port that stands designated under this subsection.

(6) The designation under subsection (5) of a port as an approved port may be subject to such conditions as are specified in the order, which may include conditions obliging the person having the management and control of the approved port to

(a) provide, free of charge, such accommodation and other facilities as the Minister may require for the performance by persons of functions conferred on them by this Act and any other enactment relating to the entry by persons into the State, and

(b) maintain the accommodation and other facilities in a manner that is compatible with the efficient performance of those functions.

(7) Before deciding to impose a condition under subsection (6) , the Minister shall consult the person referred to in that subsection.

(8) Where the Minister is satisfied that a condition imposed under subsection (6) has, without reasonable cause, been breached, he or she may, in accordance with this section, revoke the designation under subsection (5) of the port concerned as an approved port.

(9) Where the Minister proposes to revoke the designation of a port as an approved port, he or she shall give the person having management and control of the approved port a notice

(a) informing the person of the proposal and of the reasons for it, and

(b) inviting the person to submit, within such time as is specified in the notice, representations in relation to the proposal.

(10) The Minister, in deciding whether to revoke a designation, shall have regard to representations (if any) made under subsection (9)(b) .

(11) Where the Minister revokes a designation under this section, the person having management and control of the port concerned may appeal to the District Court in the District Court district in which the port is located, against the revocation.

(12) A person who operates a port or other place that is not an approved port shall be guilty of an offence if he or she

(a) represents the port or other place to be an approved port,

(b) knowingly facilitates the landing in the State at that port or other place by another person so that the other person thereby commits an offence under subsection (4) , or

(c) knowing that another person has committed an offence under subsection (4) at that port or other place, fails to report the circumstances to an immigration officer. ]

Annotations:

Amendments:

F6

Deleted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(d)(i), S.I. No. 133 of 2016.

F7

Inserted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(d)(ii), S.I. No. 133 of 2016.

Editorial Notes:

E2

Previous affecting provision: power pursuant to subs. (2) and s. 20 exercised (13.02.2004) by Immigration Act 2004 (Approved Ports) Regulations 2004 (S.I. No. 57 of 2004); this instrument remains in force under s. 20.