Paul Kehoe (Wexford, Fine Gael)
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Question 475: To ask the Minister for Justice, Equality and Law Reform when a decision will be made to grant a visa to a person (details supplied). [20721/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The visa application referred to by the Deputy was received in my Department on 19 May 2005. The visa was sought to enable a non-EEA national join with his spouse who is an Irish citizen in the State.

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 availableon that 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 that the level of income would come within the ambit of qualifying for FIS payments.

It is open to the applicant to appeal the decision to refuse the visa, within two months of notification of the refusal of the visa to the applicant. The material in support of the appeal should address the reason for refusal.