Bernard Durkan (Kildare North, Fine Gael)
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Question 358: To ask the Minister for Justice, Equality and Law Reform if he will review the decision to refuse a visa application for persons (details supplied) in County Kildare; and if he will make a statement on the matter. [27728/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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In the case of all non-EEA workers seeking to be joined by their family members, they must be in a position to support the family members in question without the need for those family members to have recourse to public funds or paid employment.

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 that regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment, or FIS, are used — the criteria, which may change from time to time, are available on that Department's website at 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. The visa officer will expect to see sufficient evidence of the financial status of the applicant in the form of several payslips and detailed bank statements covering, at a minimum, a two- to three-month period. The documentation supplied should demonstrate a consistent financial history and evidence of regular income.

The application was the subject of an appeal by the applicant, at which time additional information was supplied to my Department in an effort to address the reasons for refusal. However, the visa appeals officer was unable to conclude, based on the additional information supplied, that the initial decision should be overturned, and consequently the decision to decline the grant of a visa was upheld.

As each application is entitled to only one appeal, no further review can be facilitated.