Immigration Act 2004

Examination and detention of non-nationals.


7.—(1) The master of any ship arriving at a port in the State may detain on board any non-national coming in the ship from a place outside the State until the non-national is examined or landed for examination under this section, and shall, on the request of an immigration officer, so detain any such non-national, whether seaman or passenger, whose application for a permission has been refused by an immigration officer, and any such non-national so detained shall be deemed to be in lawful custody.

(2) The master of a ship who fails to comply with a request of an immigration officer under subsection (1) shall be guilty of an offence.

(3)  (a) Any non-national landing or embarking at any place in the State shall, on being required so to do by an immigration officer or a member of the Garda Síochána, make a declaration as to whether or not he or she is carrying or conveying any documents and, if so required, shall produce them to the officer or member.

(b) The officer or member may search any such non-national and any luggage belonging to him or her or under his or her control with a view to ascertaining whether the non-national is carrying or conveying any documents and may examine and detain, for such time as he or she may think proper for the purpose of such examination, any documents so produced or found on the search.

(c) In this section, “documents” includes—

(i) any written matter,

(ii) any photograph,

(iii) any currency notes or counterfeit currency notes,

(iv) any information in non-legible form that is capable of being converted into legible form, or

(v) any audio or video recording.

(4) A non-national who contravenes subsection (3) shall be guilty of an offence.