2.—(1) The Immigration (Control of Entry through Republic of Ireland) Order 1972(1) is amended as follows.
(2) In article 2(1) (interpretation)(2), in the definition of “EEA State” omit “(other than the United Kingdom)”.
(3) In article 3(1)(b) (persons excluded from section 1(3) of the Act)(3), after paragraph (v) insert—
“(vi)he is a person who is an excluded person for the purposes of section 8B of the Act (persons excluded under international obligations)(4).”.
(4) In article 4 (restrictions and conditions on entry through Ireland)(5)—
(a)in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
(b)after paragraph (2) insert—
“(2A) This Article does not apply to any person who has leave or may be granted leave to enter or remain in the United Kingdom by virtue of Appendix EU to the immigration rules(6).”;
(c)after paragraph (8) insert—
“(8A) The restriction and condition mentioned in paragraphs (4) and (6B) shall cease to apply to a person if that person has leave or may be granted leave to enter or remain in the United Kingdom for the reason specified in paragraph (2A).”.
The definition of “EEA State” was inserted by article 3(2) of the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475).
There have been amendments to article 3 which are not relevant to this instrument.
Section 8B was inserted into the Immigration Act 1971 by section 8 of the Immigration and Asylum Act 1999 (c. 33). There have been amendments to section 8B which are not relevant to this instrument.
There have been amendments to article 4 which are not relevant to this instrument.
Appendix EU was laid before Parliament on 20th July 2018 (CM 9675).