S.I. No. 453 of 2009

IMMIGRATION ACT 2004 (VISAS) (NO. 2) ORDER 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 27th November, 2009.

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 17 of the Immigration Act 2004 (No. 1 of 2004), hereby order as follows:

1. (1) This Order may be cited as the Immigration Act 2004 (Visas) (No. 2) Order 2009.

(2) This Order comes into operation on 1 January 2010.

2. In this Order-

"Convention travel document" means a travel document issued in accordance with Article 28 of the Geneva Convention;

"Geneva Convention" has the meaning assigned to it by the Refugee Act 1996 (No. 17 of 1996);

"permanent residence card" has the meaning assigned to it by the Regulations of 2006;

"residence card" has the meaning assigned to it by the Regulations of 2006;

"Regulations of 2006" means the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006 ).

3. It is hereby declared that the following classes of non-nationals are specified as classes, the members of which are not required to be in possession of a valid Irish visa when landing in the State:

(a) nationals of a state or territorial entity specified in Schedule 1;

(b) non-nationals who are holders of-

(i) a valid Convention travel document issued by Belgium, Czech Republic, Denmark, Finland, Germany, Iceland, Italy,Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden, or Switzerland and where the intended purpose of the travel to the State by the holder of such a travel document is solely for a visit of up to a maximum period of 3 months,

(ii) a valid permanent residence card issued under Regulation 16 of the Regulations of 2006, or

(iii) a valid residence card issued under Regulation 7 of the Regulations of 2006.

4. It is hereby declared that the classes of non-nationals specified in Schedule 2 are specified as classes, the members of which are required to be in possession of a valid Irish transit visa when arriving at a port in the State for purposes of passing through the port in order to travel to another state.

5. The Immigration Act 2004 (Visas) Order 2009 ( S.I. No. 239 of 2009 ) is revoked.

Article 3.

SCHEDULE 1 Classes of non-nationals not required to be in possession of a valid Irish visa when landing in the State

Article 4.

SCHEDULE 2 Classes of non-nationals required to be in possession of a valid Irish transit visa when arriving at a port in the State for purposes of passing through the port in order to travel to another state

GIVEN under my Official Seal,

16 November 2009.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order specifies the classes of non-nationals who are exempt from Irish visa requirements and those who are required to be in possession of a valid Irish transit visa when transiting within a port within the State. The principal change effected by the Order is that nationals of Mauritius are, from 1 January 2010, subject to an Irish visa requirement.