Ned O'Keeffe (Cork East, Fianna Fail)
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Question 221: To ask the Minister for Justice, Equality and Law Reform the position in relation to student visa applications in respect of ten students who are English speaking and have sworn affidavit's that they will be returning to their country following training. [6249/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The applications referred to by the Deputy were refused by my Department on 15 of February 2005.

For the most part, the reasons for refusal related to the visa officer being unable to establish, based on the documentation supplied, that the applicants would observe the conditions of the visa applied for, or that the applicants had demonstrated sufficient evidence of their obligations to return to their country of origin. In the majority of cases, the visa officer had concerns with regard to the applicant's student profile, specifically, that many of the people in question did not have a sufficient level of English or had notable gaps in their educational history.

In assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicant would fully honour the conditions of the visa, for example, it is unlikely that the applicant would overstay the length of time applied for. The visa officer will also have regard to information provided and to such factors as the applicant's ties and general circumstances in their country of origin.

In this regard, an affidavit alone is not considered to be an appropriate level of documentary evidence. In all cases the onus is on the applicant to fully satisfy the visa officer that it would be appropriate to issue them with a visa. Appropriate supporting documentation must be submitted. The Department's approach in these matters is informed by past experience, including experience of abuse of the system.

It is also noted that the school concerned appears to be a newly established organisation operating from within the premises of a public house. In the normal course of events this school would be subject to a visit from the immigration authorities with a view to establishing its own bona fides.

It is open to the applicants to appeal the refusal decision in writing. Any appeal should be accompanied by appropriate additional supporting documentation that it is felt will address the reasons for refusal mentioned above and explained on my Department's website.