Michael McDowell (Dublin South East, Progressive Democrats)
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The reference number supplied by the Deputy relates to a re-entry visa for a non-EEA national employed in the State under the employment permits scheme. This application was approved by my Department on 16 February 2005. However, the applicant had also sought to add her child to her visa to allow her bring him from his country of residence into the State on a temporary basis.

When assessing applications of this type, the visa officer will consider, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. In this regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment, FIS, are used. The criteria, which may change from time to time, are available onthat Department's website, www.welfare.ie/publications/sw22.html. If the level of the worker's income as evidenced by his or her payslips or P60 would qualify for FIS payments, the application for a visa is generally refused.

In this case it was evident from the documentation supplied that the level of income available to the applicant would potentially qualify her for payments from public funds and as such it was necessary to refuse the grant of a visa in respect of the child, while still approving the re-entry visa for his mother, based on her existing immigration status in the State. The application was the subject of an appeal by the applicant at which time additional information was supplied to my Department. However, the visa appeals officer was unable to conclude that the initial decision should be overturned. Consequently the decision to decline the grant of a visa to the child was upheld on the 24 of March 2005. As each application is entitled to only one appeal, no further review can be facilitated.