Aliens (Amendment) Order, 1962.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: —(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 of July, 1962.
2 Principal Order.
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paragraphs: In this Order " the Principal Order " means the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 ).
3 Amendment of Article 3 of Principal Order.
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paragraphs: Article 3 of the Principal Order is hereby amended by the deletion in the definition of " alien " of " to whom the Aliens (Exemption) Order, 1935 ( S. R. & O. No. 80 of 1935 ), applies " and the substitution therefor of " born in Great Britain or Northern Ireland ".
4 Amendment of Article 5 of Principal Order.
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paragraphs: —(1) Article 5 of the Principal Order is hereby amended by the addition at the end of paragraph (2) of the following proviso :
" Provided that in the case of an alien who has a valid Irish visa or who is a citizen of any of the following countries :
Austria, Belgium, Denmark, Finland, Federal Republic of Germany, France, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Norway, Spain, Sweden, Switzerland, Portugal, Tunisia, Turkey and The United States of America
subparagraph (b) of this paragraph shall not apply and subparagraph (c) of this paragraph shall apply as if the reference to one month were a reference to three months."
(2) Article 5 of the Principal Order is hereby amended by the insertion after paragraph (2) of the following paragraphs :
" (2A) Nothing in paragraphs (2) and (3) of this Article shall apply in relation to an alien to whom paragraph (2B) of this Article applies.
(2B) (a) This paragraph applies to aliens who are citizens of any of the following :
United Kingdom and Colonies, Australia, Canada, Ceylon, Republic of Cyprus, Ghana, India, Federation of Malaya, New Zealand, Nigeria, Pakistan, Federation of Rhodesia and Nyasaland, Sierra Leone, State of Singapore, Tanganyika, or the Republic of South Africa.
(b) In the case of 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 officer where such officer is satisfied that—
(i) the alien wishes to take up a particular employment and his doing so is authorised by an employment certificate issued by the Minister,
(ii) the alien wishes to pursue a course of study at any university, college, school or other institution in the State, being a course which will occupy the whole or a substantial part of 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 of two years ending at the time of the landing in the State, or
(v) the alien is the child under sixteen years of age or wife of 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 of religion or a member of a religious order or community or is coming to the State for the purpose of joining a religious order or community.
(c) Nothing in subparagraph (b) of this paragraph shall prevent an immigration officer from refusing leave to land in the State where—
(i) it appears to the immigration officer 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 officer has reason to believe that the alien has been sentenced in a foreign country for any extradition crime within the meaning of the Extradition Acts, 1870 to 1906,
(iii) the landing of the alien in the State would, in the opinion of the Minister, be contrary to the interests of national security, or
(iv) the alien is a person with respect to whom an order under Article 13 of this Order is in force.
(d) In clause (v) of subparagraph (b) of this paragraph ' child ' includes a step-child and an adopted child and, in relation to the mother, an illegitimate child."
5 Amendment of Article 11 of Principal Order.
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paragraphs: Article 11 of the Principal Order is hereby amended by the addition at the end of paragraph 6 of the following subparagraph :
"(f) an alien to whom paragraph (2B) of Article 5 of this Order applies."
6 Amendment of Article 13 of Principal Order.
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paragraphs: Article 13 of the Principal Order is hereby amended by the addition of the following paragraph :
"(7) A deportation order shall not be made with respect to an alien to whom paragraph (2B) of Article 5 of this Order applies save where the alien has been convicted of an extradition crime within the meaning of the Extradition Acts, 1870 to 1906, and has not been ordinarily resident in the State for a continuous period of five years ending at the time of the conviction."
7 Amendment of Article 18 of Principal Order.
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paragraphs: Article 18 of the Principal Order is hereby amended by the insertion of " other than an alien to whom paragraph (2B) of Article 5 of this Order applies," before " require ".