Immigration Act 2004
Presence in State of non-nationals.
5.—(1) No non-national may be in the State other than in accordance with the terms of any permission given to him or her before the passing of this Act, or a permission F7 [ given to him or her ] after such passing, by or on behalf of the Minister.
(2) A non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
(3) This section does not apply to—
(a) a person whose application for asylum under the Act of 1996 is under consideration by the Minister,
(b) a refugee who is the holder of a declaration (within the meaning of that Act) which is in force,
(c) a member of the family of a refugee to whom section 18(3)( a) of that Act applies, or
(d) a programme refugee within the meaning of section 24 of that Act.
Substituted (10.03.2016) by International Protection Act 2015 (66/2015), s. 81(c), S.I. No. 133 of 2016.