Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1052: To ask the Minister for Justice, Equality and Law Reform when he will make a determination to allow a person (details supplied) to return here in order to continue their studies and be with their family. [25777/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned was deported from the State on 17 November 2004 following the earlier refusal of his asylum claim and subsequent further consideration of his case under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 (Prohibition of Refoulement).

The effect of the deportation order is that the person concerned must leave the State and stay out of it thereafter, unless and until the order is revoked by me. It is open to the person concerned to apply from abroad to have his deportation order revoked and to seek to re-enter the State legally on foot of a visa granted for study or other purposes. A deportation order is not made lightly and any application for revocation would need to be based on substantial grounds to be successful.

Marian Harkin (Sligo-Leitrim, Independent)
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Question 1053: To ask the Minister for Justice, Equality and Law Reform the reason a visa was refused for a person (details supplied). [25810/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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When assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicant would fully honour the conditions of the visa, that is, it is unlikely that the applicant would overstay the length of time applied for. The visa officer will also have regard to information provided and to such factors as the applicant's ties and general circumstances in their country of origin. The application in question was refused because the visa officer could not be reasonably be satisfied, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa.

Additionally, it was felt that sufficient evidence was not submitted to permit the visa officer to establish to an acceptable degree, that a previous relationship history existed between the applicant and the reference in Ireland. No evidence of finances was submitted to show how the applicant intended to maintain herself while in the State.

An appeal of the decision to refuse the visa application was subsequently submitted. However, based on the additional documentation supplied, the visa appeals officer was unable to conclude that the initial decision should be overturned. Consequently, the application was refused on appeal on 23 June 2005.