Olivia Mitchell (Dublin South, Fine Gael)
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Question 114: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non EU citizens studying at Irish universities have been asked to withdraw their children from State schools; the legislation that governs this decision; the reason established practice has been changed; and his views on whether this is an acceptable way to treat what are in many cases highly qualified post graduate students and researchers attending universities here and paying the full economic cost. [13275/07]

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.

In line with this general principle, 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.

The child of an adult student attending an Irish university would be present in the State as a dependant of that parent. That parent would be expected to have sufficient resources to provide for him/herself and any family members while they are in the State. If the child were to be permitted to attend State schools it would be in conflict with the condition of self-sufficiency. The fact that a parent is attending university and paying the costs of that course of study should not in itself permit their child to access State education services.

This policy has not changed in recent times.

In terms of legislation, the basic tenet that a foreign national and any accompanying dependants, should not be an undue burden on the State is reflected in section 4 of the Immigration Act 2004 where it is included as one of the reasons why an immigration officer might refuse a person permission to land or be in the State. That provision was stated in the Aliens Order 1946.

I do not have the details of the specific cases to which the Deputy may be referring but I am generally aware that cases are coming to light of overseas children being placed in state schools in circumstances where this would be contrary to general immigration policy. I have scope, however, to make exceptions to the general policy where it is justified and individual cases can be looked at on their merits, taking account the potential disruption to the education of the parent and child of a negative decision.

A review of the general policy in this area is now underway.