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.

Article 3(a) makes nationals of every state or territorial entity specified in Schedule 1 visa-exempt, and the Schedule's entry is drafted by issuing authority rather than by citizenship class: the United Kingdom, the British Overseas Territories and the Crown Dependencies are the three administrations that issue British passports other than British-citizen ones. A British national (overseas) and a British overseas citizen hold passports issued by the United Kingdom, a British overseas territories citizen holds one issued by an Overseas Territory, and a British citizen is a citizen of the United Kingdom, so all four fall within the Schedule's entry. A British protected person is not a national of any of the three and is answered on the visa-required row.