Kathleen Lynch (Cork North Central, Labour)
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Question 520: To ask the Minister for Justice, Equality and Law Reform the reason a person (details attached) in County Cork has been refused an application for his spouse to join him while he completes his PhD studies in this country; if his attention has been drawn to the fact that this person has a proven income that is sufficient to provide for both of them while completing the studies; if these visas have previously been issued to persons in similar circumstances to this applicant; and if he will make a statement on the matter. [23720/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I believe the visa application to which the Deputy is referring to is number 1713915. The visa was sought to allow the wife of a non-EEA national whose husband is in the State on a study visa to join her husband in the State until completion of his PhD studies in November 2006.

The visa application was refused for reasons of finances and that the applicant may not observe the conditions of the visa if it were granted.

In the case of spouses seeking to join partners in Ireland, the spouse in Ireland must be in a position to support the spouse without the need to have recourse to public funds or paid employment.

The spouse in the State is provided with a monthly stipend to cover the costs of his living expenses.

Unfortunately, it has not been demonstrated that the person is in a position to support his wife without recourse to public funds and the Department is therefore not in a position to grant such a visa. The same criteria applies to all applicants in similar circumstances.

The application was the subject of an appeal, however the visa appeals officer was unable to conclude that the initial decision should be overturned, consequently the decision to decline the visa was upheld.