Written answers

Tuesday, 12 April 2005

Department of Justice, Equality and Law Reform

Visa Applications

9:00 pm

Paddy McHugh (Galway East, Independent)
Link to this: Individually | In context

Question 695: To ask the Minister for Justice, Equality and Law Reform the reason a visa application was refused to a person (details supplied); the further information required; and if he will make a statement on the matter. [10327/05]

Paddy McHugh (Galway East, Independent)
Link to this: Individually | In context

Question 697: To ask the Minister for Justice, Equality and Law Reform the reason a visa application was refused to a person (details supplied); the further information required regarding their appeal; and if he will make a statement on the matter. [10341/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 695 and 697 together.

The applications referred to by the Deputy in his parliamentary questions were for the purposes of allowing the wife and brother of a non-EEA national employed in the State under the employment permit scheme to travel to the State to reside with him.

My department refused both applications at initial stage on 4 November 2004. The applicants are already aware of the reasons for refusal as written notification was sent by post on 16 February 2005.

The first application related to the wife of the non-EEA national resident in the State. When assessing applications of this type, the visa officer will consider, amongst other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. The visa officer will expect to see sufficient evidence of the financial status of the applicant in the form of several payslips and detailed bank statements covering, at a minimum, a two to three month period. The documentation supplied should demonstrate a consistent financial history and evidence of regular income. This application was refused as the visa officer concluded that insufficient evidence had been supplied. Specifically, it was noted that two to three detailed payslips should be submitted.

The second application related to the younger brother of the non-EEA national already resident in the State. General policy provisions governing family reunification for employment permit holders do not extend to adult brothers or sisters of the person in question. Therefore, this application had to be considered in the context of a standard visit visa application. Accordingly, the information on the application form filled in by the applicant, indicating his intention to stay in the State on a long-term or permanent basis was a key consideration. In assessing this type of application, the visa officer will have regard to the information provided in the application and to such factors as the applicant's ties and general circumstances in their country of origin and their immigration history, as well as the relative attractiveness and feasibility of their remaining in the State. The Department's approach in these matters is informed by past experience, including experience of abuse of the system. This application was refused as it was felt that the applicant had not sufficiently demonstrated his intentions to return home to his country of origin.

Appeals were received by my Department in respect of both applications on 1 March 2005. However the visa appeals officer was unable to conclude that the initial decisions to refuse the visas should be overturned. Consequently the applications were refused on appeal on 14 March 2005.

Comments

No comments

Log in or join to post a public comment.