Seán Haughey (Dublin North Central, Fianna Fail)
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Question 442: To ask the Minister for Justice, Equality and Law Reform the reason a visa application for a person (details supplied) was refused; if, in cases of family reunification, it is a fundamental requirement that the Irish national must be able to support the relative financially in view of the habitual residence condition from the Department of Social and Family Affairs; if he will respond to the issues raised in the appeal dated 5 August 2005; and if he will make a statement on the matter. [26509/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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When assessing visa applications of this type, the visa officer considers, 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 is used. The criteria, which may change from time to time, are available on that Department's website www.welfare.ie/publications/sw22.htm.

In this case the evidence supplied was not sufficient to enable the visa officer to conclude that the individual in question had adequate funds available to enable them live in the State without recourse to public funds. The application was refused as it was deemed that the Irish citizen was unable to support her husband due to her full-time student status.

An appeal of the decision to refuse the visa application was subsequently submitted. However, the visa appeals officer was unable to conclude that the initial decision should be overturned. Consequently the application was refused on appeal.