Pat Breen (Clare, Fine Gael)
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Question 576: To ask the Minister for Justice, Equality and Law Reform if the status of a non-national has changed in view of the fact that the person in question is now married to an Irish national. [21995/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned is the subject of a deportation order made on 20 January 2003. He has instituted judicial review proceedings challenging that order. The issue raised, i.e., the subsequent marriage to an Irish national of a person who is the subject of a deportation order, has already been raised in a precedent judicial review case which is likely to be heard by the Supreme Court in the autumn. The outcome of the case which is the subject of this question is likely to be determined by that Supreme Court judgment.

It should be noted that the person concerned has filed a separate application for residency based on parentage of an Irish-born child under the revised arrangements for the consideration of permission to remain in respect of non-national parents of children born in Ireland before 1 January 2005. As the child was born in February 2005 that application fails to meet the criteria for the granting of permission to remain under those revised arrangements.

Bernard Allen (Cork North Central, Fine Gael)
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Question 577: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application for a one month visa on behalf of a person (details supplied). [22004/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The application in question was for the stated purpose of allowing a non-EEA national travel to the State to assist a family member, resident here on the basis of parentage of an Irish-born child and due to undergo a medical procedure, to care for her children.

I understand this application was received on 5 April 2005. Following assessment of the application it was determined that additional documentation would be required. Attempts were made, commencing on 27 April 2005, to contact the applicant via the Irish Embassy in her country of origin, however these attempts proved unsuccessful.

Consequently, it was necessary to proceed to a decision based on the documentation to hand. As a result, the visa application was refused by my Department on 22 June 2005. The visa officer, having regard to the information available to him, was unable to conclude that the applicant had sufficient obligations to return home following the proposed visit, or that she would necessarily observe the conditions of the visa applied for.

Additionally, a full copy of the applicant's passport was not supplied, nor was up to date documentary evidence of suitable financial means of either the applicant or her reference in the State. Finally, it was noted that the visa application form itself was not fully completed or signed by the applicant.