Liam Twomey (Wexford, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform the reason a visitor's visa was refused on two occasions and on appeal to a person (details supplied). [17450/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy refers to two visa applications in his question but he has only supplied a single reference number. Based on the name and date of birth of the applicant my officials were able to locate the previous application. A previous application, No. 1353245, was refused by my Department on 11 June 2003. The applicant had applied for a visa for her elderly father to join her in the State as a dependent but there is no provision under Irish law for the granting of visas under these circumstances to the relatives of non-EEA nationals resident in the State. Consequently, my Department was required to refuse the application.

The most recent application, No. 1357878, for a limited term visa, was refused by my Department on 4 November 2004. The visa officer examining the application noted that the reference's permission to remain in the State had expired on 24 October 2004. Consequently, it would not have been appropriate to issue a visa to the applicant. The visa officer was unable to conclude, based on the evidence supplied, that the applicant would necessarily observe the conditions of the visa applied for, such as the condition that he would not seek to overstay illegally in the State. Neither was the visa officer able to establish that the applicant had sufficient economic, social or professional ties in his country of origin to guarantee his return.

An appeal was subsequently received in respect of this application. The accompanying documentation included evidence that the reference's permission to remain in the State had been extended for a further two years. However, the appeal failed to address the concerns raised with regard to observing the conditions of the visa and obligations to return. In fact, a letter from the reference that was included with the appeal states: "I declare that my father or myself do not have any economic, social or professional ties or other obligations in our country or origin".

Consequently the visa application was refused on appeal on 21 January 2005. As each application is entitled to only one appeal, no further action on this application can be facilitated.