Michael Ahern (Cork East, Fianna Fail)

I thank the Senator for raising this matter on the Adjournment. On behalf of my colleague, the Minister for Enterprise, Trade and Employment, Deputy Martin, who has responsibility for work permits, I will provide a reply.

A significant number of non-EEA students pursue courses of study in third level institutions. Given our skill shortages in certain strategically important areas, the economy would benefit were some of these students to stay to work after graduation. These third level students may apply to the Irish Naturalisation and Immigration Service to remain in Ireland for six months after receiving their examination results, allowing them time to seek employment and, if successful, to apply for a green card or work permit as appropriate. If students have been offered a job prior to completing their degrees, they may also apply for a permit.

The employment permits section of my Department informs me that an application in respect of the person in question was received on 26 June 2007. It was refused under section 12 of the Employment Permits Act 2006 on the basis that it appeared from the application that the person entered the country on a stamp two student visa and is, therefore, not eligible to enter the workforce on a full-time basis. The employment permits section of my Department would not be in a position to consider a work permit application unless the Garda National Immigration Bureau changed the foreign national's stamp. However, students on a stamp two student visa are entitled to work up to 20 hours per week during term time and 40 hours per week outside of term.

The employer sought a review of the decision to refuse a permit in accordance with section 13 of the Act. The decision was reviewed by an appeals officer within the employment permit section who informed the employer that it was not possible to alter the decision based on the facts of the case. Under the Act, there is no provision for a further review of this decision of the appeals officer.

I draw the Senator's attention to the new economic migration and employment permits schemes that came into effect on 1 February 2007. In-depth consultations encompassing a wide range of stakeholders took place prior to the introduction of these arrangements. A particular aspect from the viewpoint of the Department of Justice, Equality and Law Reform was that persons present in the State on a particular status should, by and large, remain on that status. For example, if persons are in the State on a visit visa, they should not be allowed to remain in the State for a different purpose, such as entering the workforce. Persons in the State for the purposes of study should not per se be allowed to enter the workforce on a full-time basis.

The Senator will know there are particular arrangements for students who wish to work. These arrangements strike the right balance between enabling foreign students to enter the country for the purpose of study and allowing them to finance themselves if necessary in order to live here during their study period. The fundamental principle is that students are here to study and by definition not here to work. Where students wish to enter the workforce on a full-time basis, they are treated the same as any other non-EEA national and, accordingly, it is necessary for applicants to be outside the State for my Department to consider employment permit applications. If we entertain the possibility of allowing students to enter full-time employment, we run the risk of allowing persons into the workforce by the back door and thus weakening the Government's accession responsibility of community preference, which entails preferential treatment for entry by EEA nationals to the labour market.

I have noted the Senator's comments on the other reasons the person was refused and will have further inquiries made in the Department and revert to the Senator when I receive a reply.