Trevor Sargent (Dublin North, Green Party)
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Question 227: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason he issued a directive to bar secondary school students who are non-EU nationals from State funded schools in view of the small number of students involved; and if he will reconsider this decision and allow students currently attending State funded schools such as a school (details supplied) in County Dublin to finish their leaving certificate exams as the people affected cannot afford private schooling. [11537/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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One of the main principles of Ireland's immigration system is that persons coming to Ireland should not be an undue burden on the resources of the State.

The established policy in relation to the attendance of overseas students in Irish primary and second level schools is that visas should only be granted to those who are attending fee paying schools, on the basis that to do otherwise would give rise to additional demands on the State. For students coming from countries that are not visa required, the position must be consistent with that for visa applicants in that students should only be granted residence permits where they are attending fee paying schools.

In recent months the immigration authorities have become aware of a number of students who have been placed in State second level schools by companies operating in the overseas student sector. When the matter came to light, the students concerned were permitted to complete the school year with a view to their transferring to a fee paying school thereafter. I believe that these are the cases to which the Deputy refers.

It is clearly undesirable that access to the State's education sector can be offered to clients by commercial interests and I am satisfied that actions to restrict such access are justified. However I am very conscious also of the needs of the children involved. With this in mind, sympathetic consideration will be given where a student is well advanced in their education in Ireland and particular where they are preparing for examinations.

In co-operation with the Department of Education and Science, my Department is now carrying out a review of the State's general policy in this area.