Immigration Act 2004

F21[Requirements as to production of documents.


12. (1) Every non-national present in the State (other than a non-national under the age of 16 years) shall produce on demand

(a) a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality, and

(b) in case he or she is registered or deemed to be registered under this Act, his or her registration certificate.

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

(b) In proceedings brought against a person for an offence under this section, it shall be a defence for the person to prove that, at the time of the alleged offence, he or she had reasonable cause for not complying with the requirements of this section to which the offence relates.

(3) In this section "on demand" means on demand made at any time by the Minister, any immigration officer or a member of the Garda Síochána, for the purposes of establishing that the presence in the State of the non-national concerned is not in contravention of section 5.]




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

Editorial Notes:


Certain letters deemed to be registration certificates for purposes of section (14.11.2013) by European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), reg. 4(6), in effect as per reg. 1(2).


Declared unconstitutional: the original section was declared unconstitutional (25.03.2011) in Dokie v DPP (Garda Morley) & Ors [2010] IEHC 110. This was remedied (2.08.2011) as per F-Note above.