Dan Boyle (Cork South Central, Green Party)
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Question 150: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) with a valid work permit has been refused visas for their children. [28565/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The visa applications were received by my Department on 2 August 2005, and were for the purposes of allowing the children of two non-EEA nationals travel to the State to reside with them here. It appears that the father of the children was a work permit holder for a number of years. Subsequently, both he and his wife applied for residency in the State based solely on parentage of a child born in the State and this was granted in March 2005.

Applicants for permission to reside in the State on the basis of parentage of an Irish born child were made fully aware of Government policy in this area, that is, that persons granted residency on that basis should not expect to have any entitlement to be joined in the State by other family members. This fact was clearly stated on the front page of the application form for such residency. The application form also included a statutory declaration to be signed by applicants indicating their acceptance, inter alia, that the granting of permission to remain does not confer any entitlements or legitimate expectation on any other person, whether related or not, to enter the State.

The visa applications were the subject of an appeal at which time additional information was supplied to my Department. However, the visa appeals officer was unable to conclude that the initial decision should be overturned. Consequently, the decision to decline the grant of a visa to the children was upheld on 27 September 2005. However, in the circumstances of this case, I am prepared to consider any fresh representations which may be made by the persons concerned outlining reasons they feel their particular case should be regarded as an exceptional circumstance which would warrant the approval of the visas in question.