Removal under Immigration Act 2003.

Section 5 of the Immigration Act 2003 provides the Minister with powers to remove a non-national form the State where they are refused leave to land, or where they have been unlawfully in the State for a continuous period or less than 3 months. After the period of 3 months Section 3 of the immigration Act 1999 as amended will apply.

Section 5 of the Immigration Act 2003 applies to non-nationals who have been refused leave to land pursuant to the Aliens Orders 1946 to 1999 and the Immigration Act 2004

Most non-nationals are refused permission to land under Section 4(3) of the Immigration Act 2004 which directs that an immigration officer may refuse to give permission to land for one of the stated reasons in the exhaustive list from (a) to (k), in summary as follows:

The non-national is not in a position to support himself/herself, the non-national intends to take up employment without the appropriate employment permit, the non-national has been convicted of an offence of imprisonment of one year or more, the non-national is the subject of a deportation/exclusion order, the non-national is not in possession of a valid passport or equivalent document, that the non-national intends to travel on to the UK without permission to enter the UK, that the non-national, having arrived in the State in the course of employment as seaman, has remained in the State without the leave of an immigration officer after the departure of the ship in which he or she so arrived, the non-national’s entry into, or presence in, the State could pose a threat to national security or be contrary to public policy, that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national.

We will be very happy to assist you for removal under Immigration act 2003 – please contact us for further information.