S.I. No. 112/1962:

ALIENS (AMENDMENT) ORDER, 1962.

ALIENS (AMENDMENT) ORDER, 1962.

I, CHARLES J. HAUGHEY, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Aliens Act, 1935 (No. 14 of 1935), hereby order as follows :

1.--(1) This Order may be cited as the Aliens (Amendment) Order, 1962.

(2) The Principal Order and this Order may be cited together as the Aliens Orders, 1946 and 1962.

(3) This Order shall come into operation on the 1st day of July, 1962.

2. In this Order " the Principal Order " means the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 ).

3. Article 3 of the Principal Order is hereby amended by the deletion in the definition of " alien " of " to whom the Aliens (Exemption) Order, 1935 ( S. R. & O. No. 80 of 1935 ), applies " and the substitution therefor of " born in Great Britain or Northern Ireland ".

4.--(1) Article 5 of the Principal Order is hereby amended by the addition at the end of paragraph (2) of the following proviso :

" Provided that in the case of an alien who has a valid Irish visa or who is a citizen of any of the following countries :

Austria, Belgium, Denmark, Finland, Federal Republic of Germany, France, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Norway, Spain, Sweden, Switzerland, Portugal, Tunisia, Turkey and The United States of America

subparagraph (b) of this paragraph shall not apply and subparagraph (c) of this paragraph shall apply as if the reference to one month were a reference to three months."

(2) Article 5 of the Principal Order is hereby amended by the insertion after paragraph (2) of the following paragraphs :

" (2A) Nothing in paragraphs (2) and (3) of this Article shall apply in relation to an alien to whom paragraph (2B) of this Article applies.

(2B) (a) This paragraph applies to aliens who are citizens of any of the following :

United Kingdom and Colonies, Australia, Canada, Ceylon, Republic of Cyprus, Ghana, India, Federation of Malaya, New Zealand, Nigeria, Pakistan, Federation of Rhodesia and Nyasaland, Sierra Leone, State of Singapore, Tanganyika, or the Republic of South Africa.

(b) In the case of an alien to whom this paragraph applies coming from a place outside the State other than Great Britain or Northern Ireland, leave to land in the State shall not be refused by an immigration officer where such officer is satisfied that--

(i) the alien wishes to take up a particular employment and his doing so is authorised by an employment certificate issued by the Minister,

(ii) the alien wishes to pursue a course of study at any university, college, school or other institution in the State, being a course which will occupy the whole or a substantial part of his time and has made the necessary arrangements to enable him to do so,

(iii) the alien is in a position to support himself and his dependants (if any) otherwise than by taking employment or engaging in business,

(iv) the alien is ordinarily resident in the State or has been so resident within the period of two years ending at the time of the landing in the State, or

(v) the alien is the child under sixteen years of age or wife of an alien to whom this paragraph applies, being an alien who is being given leave to land in the State at the same time or who is ordinarily resident in the State,

(vi) the alien is a minister of religion or a member of a religious order or community or is coming to the State for the purpose of joining a religious order or community.

(c) Nothing in subparagraph (b) of this paragraph shall prevent an immigration officer from refusing leave to land in the State where--

(i) it appears to the immigration officer that the alien is a person suffering from mental disorder, or that it is otherwise undesirable for medical reasons that the alien should be given such leave,

(ii) the immigration officer has reason to believe that the alien has been sentenced in a foreign country for any extradition crime within the meaning of the Extradition Acts, 1870 to 1906,

(iii) the landing of the alien in the State would, in the opinion of the Minister, be contrary to the interests of national security, or

(iv) the alien is a person with respect to whom an order under Article 13 of this Order is in force.

(d) In clause (v) of subparagraph (b) of this paragraph ' child ' includes a step-child and an adopted child and, in relation to the mother, an illegitimate child."

5. Article 11 of the Principal Order is hereby amended by the addition at the end of paragraph 6 of the following subparagraph :

"(f) an alien to whom paragraph (2B) of Article 5 of this Order applies."

6. Article 13 of the Principal Order is hereby amended by the addition of the following paragraph :

"(7) A deportation order shall not be made with respect to an alien to whom paragraph (2B) of Article 5 of this Order applies save where the alien has been convicted of an extradition crime within the meaning of the Extradition Acts, 1870 to 1906, and has not been ordinarily resident in the State for a continuous period of five years ending at the time of the conviction."

7. Article 18 of the Principal Order is hereby amended by the insertion of " other than an alien to whom paragraph (2B) of Article 5 of this Order applies," before " require ".

GIVEN under my Official Seal, this 29th day of June, 1962.

CHARLES J. HAUGHEY,

Minister for Justice.

EXPLANATORY NOTE.

By virtue of the Aliens (Exemption) Order, 1935, citizens, subjects or nationals of named States (being member States of the British Commonwealth were exempt from the provisions of the Aliens Act, 1935 and the Aliens Order, 1946. The 1935 Order was revoked by the Aliens (Exemption) Order, 1935 (Revocation) Order, 1962 ( S.I. No. 113 of 1962 ) made by the Government on 26th June, 1962 and expressed to come into operation on 1st July, 1962. The effect of that Order, by itself, would be to make subject to the Aliens Laws all those persons who were heretofore exempt from them, but that situation will not arise in view of the terms of the present Order, i.e. the Aliens (Amendment) Order, 1962.

The effect of this Order is to continue the exemption from the provisions of the Aliens Order, 1946, of persons born in Great Britain or Northern Ireland and, as regards citizens of named states (being member States of the British Commonwealth and the Republic of South Africa), to substitute for the provisions of the Aliens Order, 1946, special provisions set out in the amending Order.

The effect of these special provisions is to exempt those to whom they apply from the provisions of the Aliens Order, 1946, except to the following extent :

(a) if the persons concerned are entering the State from a place other than Great Britain or Northern Ireland, they may be refused leave to land unless they comply with certain conditions,

(b) if the persons concerned are convicted of an extraditable offence and, at the time of the conviction, have been resident in the State for less than five years, they may be deported.

The present Order also relaxes the requirements that apply to aliens generally when coming to this country on visits from Great Britain or Northern Ireland. At present such persons are required, by the Aliens Order, 1946, to report to an Immigration Officer or the Garda Síochána within twenty four hours of arrival and not to remain more than one month without permission from the Minister for Justice. The Order has the effect that such persons may stay in the State without formality for a period of up to three months if they (a) have a valid visa or (b) are citizens of any country named in Article 4(1) of the Order (these being countries in respect of which the visa requirement has been abolished).