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S.I. No. 112/1962 - Aliens (Amendment) Order, 1962.

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1962 S.I. No. 112/1962 - Aliens (Amendment) Order, 1962. S.I. No. 112/1962 - Aliens (Amendment) Order, 1962. AmendmentsLeasuithe S.I. No. 112

  1. ALIENS (AMENDMENT) ORDER,
  2. I, CHARLES J. HAUGHEY, Minister for Justice, in exercise

the powers conferred on me by section 5

the Aliens Act, 1935 (No. 14

1935), hereby order as follows : 1 Short title, collective citation and commencement. 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

July,

  1. 2 Principal Order.
  2. In this Order " the Principal Order " means the Aliens Order, 1946 ( S. R. & O. No. 395

1946 ). 3 Amendment

Article 3

Principal Order. 3. Article 3

the Principal Order is hereby amended by the deletion in the definition

" alien "

" to whom the Aliens (Exemption) Order, 1935 ( S. R. & O. No. 80

1935 ), applies " and the substitution therefor

" born in Great Britain or Northern Ireland ". 4 Amendment

Article 5

Principal Order. 4.—

(1)Article 5

the Principal Order is hereby amended by the addition at the end

paragraph

(2)

the following proviso : " Provided that in the case

an alien who has a valid Irish visa or who is a citizen

any

the following countries : Austria, Belgium, Denmark, Finland, Federal Republic

Germany, France, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Norway, Spain, Sweden, Switzerland, Portugal, Tunisia, Turkey and The United States

America subparagraph (b)

this paragraph shall not apply and subparagraph (c)

this paragraph shall apply as if the reference to one month were a reference to three months."

(2)Article 5

the Principal Order is hereby amended by the insertion after paragraph

(2)

the following paragraphs : " (2A) Nothing in paragraphs

(2)and
(3)

this Article shall apply in relation to an alien to whom paragraph (2B)

this Article applies. (2B) (a) This paragraph applies to aliens who are citizens

any

the following : United Kingdom and Colonies, Australia, Canada, Ceylon, Republic

Cyprus, Ghana, India, Federation

Malaya, New Zealand, Nigeria, Pakistan, Federation

Rhodesia and Nyasaland, Sierra Leone, State

Singapore, Tanganyika, or the Republic

South Africa. (b) In the case

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

ficer where such

ficer is satisfied that— (

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

study at any university, college, school or other institution in the State, being a course which will occupy the whole or a substantial part

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

two years ending at the time

the landing in the State, or (v) the alien is the child under sixteen years

age or wife

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

religion or a member

a religious order or community or is coming to the State for the purpose

joining a religious order or community. (c) Nothing in subparagraph (b)

this paragraph shall prevent an immigration

ficer from refusing leave to land in the State where— (i) it appears to the immigration

ficer 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

ficer has reason to believe that the alien has been sentenced in a foreign country for any extradition crime within the meaning

the Extradition Acts, 1870 to 1906, (iii) the landing

the alien in the State would, in the opinion

the Minister, be contrary to the interests

national security, or (iv) the alien is a person with respect to whom an order under Article 13

this Order is in force. (d) In clause (v)

subparagraph (b)

this paragraph ' child ' includes a step-child and an adopted child and, in relation to the mother, an illegitimate child." 5 Amendment

Article 11

Principal Order. 5. Article 11

the Principal Order is hereby amended by the addition at the end

paragraph 6

the following subparagraph : "(f) an alien to whom paragraph (2B)

Article 5

this Order applies." 6 Amendment

Article 13

Principal Order. 6. Article 13

the Principal Order is hereby amended by the addition

the following paragraph : "

(7)A deportation order shall not be made with respect to an alien to whom paragraph (2B)

Article 5

this Order applies save where the alien has been convicted

an extradition crime within the meaning

the Extradition Acts, 1870 to 1906, and has not been ordinarily resident in the State for a continuous period

five years ending at the time

the conviction." 7 Amendment

Article 18

Principal Order. 7. Article 18

the Principal Order is hereby amended by the insertion

" other than an alien to whom paragraph (2B)

Article 5

this Order applies," before " require ". GIVEN under my

ficial Seal, this 29th day

June, 1962. CHARLES J. HAUGHEY, Minister for Justice. EXPLANATORY NOTE. By virtue

the Aliens (Exemption) Order, 1935, citizens, subjects or nationals

named States (being member States

the British Commonwealth were exempt from the provisions

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

1962 )made by the Government on 26th June, 1962 and expressed to come into operation on 1st July, 1962. The effect

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

the terms

the present Order, i.e. the Aliens (Amendment) Order, 1962. The effect

this Order is to continue the exemption from the provisions

the Aliens Order, 1946,

persons born in Great Britain or Northern Ireland and, as regards citizens

named states (being member States

the British Commonwealth and the Republic

South Africa), to substitute for the provisions

the Aliens Order, 1946, special provisions set out in the amending Order. The effect

these special provisions is to exempt those to whom they apply from the provisions

the Aliens Order, 1946, except to the following extent : (

  1. 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, (
  2. b)if the persons concerned are convicted

an extraditable

fence and, at the time

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

ficer or the Garda Síochána within twenty four hours

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

up to three months if they (

  1. a)have a valid visa or (
  2. b)are citizens

any country named in Article 4

(1)

the Order (these being countries in respect

which the visa requirement has been abolished). Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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