Ireland

Aevamo’s reading

Section 17 of the Immigration Act 2004 empowers the Minister for Justice to make orders exempting classes of non-national from the visa requirement, and section 4(3)(e) of the Act makes non-possession of a visa a ground for refusing permission to land to everyone not exempted by such an order. The Immigration Act 2004 (Visas) Order 2014 is that order: its Article 3 enumerates every class that does not need a visa and its Schedules carry the state list, so it is the instrument that determines, nationality by nationality, whether an Irish visa is required. It is read here with the Act itself for the requirement, with S.I. No. 548 of 2015 for the Union, EEA and Swiss entry right the Order does not reach, and with the four amendment orders that have altered its Schedules.

These two subsections state the requirement and its converse in the Act itself: section 4(2) requires every non-national arriving from outside the State to apply for a permission, and section 4(3)(e) lets the officer refuse that permission where the non-national is not exempt, by virtue of an order under section 17, from the visa requirement and holds no visa. The section 17 order is the Visas Order 2014, whose Article 3 is an inclusion list declaring only the classes that are exempt, so a nationality no paragraph of Article 3 reaches — and a British protected person, a stateless person or a refugee so far as their own passport is concerned — is left with the requirement this passage imposes.