Immigration Act 1999

Number 22 of 1999

IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023

This Revised Act is an administrative consolidation of the Immigration Act 1999. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 1999


IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Orders under Act of 1935.

3.

Deportation orders.

3A.

Prohibition of refoulement.

3B.

Provision in relation to certain deportation orders.

4.

Exclusion orders.

5.

Arrest, detention and removal of non-nationals.

6.

Service of notices.

7.

Regulations.

8.

Obstruction etc.

9.

Penalties.

10.

Increase of certain penalties under Act of 1935.

11.

Amendment of Refugee Act, 1996.

12.

Laying of regulations before Houses of Oireachtas.

13.

Short title.

SCHEDULE


Acts Referred to

Aliens Act, 1935

1935, No. 14

Child Care Act, 1991

1991, No. 17

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Act, 1956

1956, No. 46

Civil Service Regulation Acts, 1956 to 1996

Refugee Act, 1996

1996, No. 17


Number 22 of 1999


IMMIGRATION ACT 1999

REVISED

Updated to 31 July 2023


AN ACT TO MAKE PROVISION IN RELATION TO THE CONTROL OF NON-NATIONALS, TO AMEND THE ALIENS ACT, 1935, AND THE REFUGEE ACT, 1996, AND TO PROVIDE FOR RELATED MATTERS. [7th July, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Certain functions in relation to Act transferred (1.01.2014, establishment day) by Child and Family Law Agency Act 2013 (40/2013), s. 82 and sch. 1, S.I. Nos. 502, 503 of 2013.

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82

...

Immigration Act 1999

...

C2

Certain references construed and application of Act (other than s. 3(2), (3), (4), (5), (6), (7), (8), (9)(b) and (12)) extended (31.12.2016) by International Protection Act 2015 (66/2015), s. 51(4), S.I. No. 663 of 2016.

Deportation order

51.— ...

(4) A deportation order made under this section shall be deemed to be a deportation order made under section 3(1) of the Act of 1999, and accordingly—

(a) that Act (other than subsections (2), (3), (4), (5), (6), (7), (8), (9)(b) and (12) of section 3) shall apply to the deportation order,

(b) a reference in section 3(9)(a) of that Act to a notification under subsection (3)(b)(ii) of that section shall be construed as including a reference to a notification under subsection (3), and

(c) references in any enactment to a deportation order made under the Act of 1999 shall be construed as including references to a deportation order made under this section.

...

Editorial Notes:

E1

Provision for retention and deletion of passenger data in respect of offence under Act made (1.11.2011) by European Communities (Communication of Passenger Data) Regulations 2011 (S.I. No. 597 of 2011), in effect as per reg. 1(2).

E2

Previous affecting provision: functions in relation to Act transferred to the Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5; superseded (1.01.2014, establishment day) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. Nos. 502, 503 of 2013.