John Deasy (Waterford, Fine Gael)
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Question 524: To ask the Minister for Justice, Equality and Law Reform the medical and character checks that are carried out on immigrants from non-EU countries at the time of their entry here; and if he will make a statement on the matter. [5427/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Provision is made in the Immigration Act 2004 for an immigration officer to authorise a non-national to land in the State. Section 4(3) of the Act enumerates 11 circumstances under which an immigration officer may, on behalf of the Minister for Justice, Equality and Law Reform, refuse to grant a person permission to land in the State.

In performing his or her functions with regard to the granting, or refusal to do so, of a permission to land in the State, an immigration officer shall, in accordance with the provisions of section 4(10), have regard to all of the circumstances of the non-national concerned known to the officer or represented to the officer by him or her.

Included among the reasons on which a refusal to enter the State may be based, are circumstances where an immigration officer is satisfied that a non-national suffers from a condition set out in the First Schedule to the Act. Among the other reasons on which a refusal to grant a permission can be based, are a number relating to character, such as a non-national having been convicted of a criminal offence.

The First Schedule to Immigration Act 2004 states:

Conditions referred to in section 4(3)(c)

1. Diseases subject to the International Health Regulations for the time being adopted by the World Health Assembly of the World Health Organisation.

2. Tuberculosis of the respiratory system in an active state or showing a tendency to develop.

3. Syphilis.

4. Other infectious or contagious parasitic diseases in respect of which special provisions are in operation to prevent the spread of such diseases from abroad.

5. Drug addiction.

6. Profound mental disturbance, that is to say, manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion.

Section 3(3) of the Immigration Act 2004 states:

An immigration officer or a medical inspector appointed under this Act shall have power to enter or board any vessel, and to detain and examine any person arriving at or leaving any port in the State who is reasonably believed by the officer or inspector to be a non-national, and to require the production of a passport or other equivalent identity document by such person, and shall have such other powers and duties as are conferred upon him or her by this Act.