Finian McGrath (Dublin North Central, Independent)
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Question 997: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was treated in such a way; and if he will respond to the issues raised. [20418/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The entitlements of foreign nationals in the State and the conditions applicable to them depend on their immigration status. A foreign national may be granted permission to remain on the basis of self-sufficiency. The underlying principle regarding self-sufficiency is that the foreign national who is here on that basis would not need to avail of State funds or State funded services nor would any dependent family member who was allowed enter the State require such State benefits. If the student child of a parent who is in the State on the basis of self-sufficiency were to be enrolled in a State funded school that would conflict with the principle of self-sufficiency.

In relation to the individual who is the subject of this Parliamentary Question, I understand that he initially presented at Immigration Control at Dublin Airport on the basis that he was coming to the State to study and that his wife and child were availing of a two-week vacation. However, when questioned by an Immigration Officer it transpired that the family members intended remaining in the State for longer than a short-term vacation and that arrangements had already been made for their daughter to attend a non-fee paying secondary school in the State.

On this basis and having regard to the provisions of the Immigration Act 2004 in relation to the need for foreign nationals to be self-sufficient, the Immigration Officer decided to refuse the application to land in respect of the individual's wife and child. There was no issue with regard to the individual himself, but he chose not to enter the State without his wife and child. The situation was fully explained to the individual at the time and was subsequently set out in detail in a letter from the Garda National Immigration Bureau to the person concerned.

It is incumbent upon any person embarking on a journey to another jurisdiction to be aware of the conditions of entry to the jurisdiction concerned and, in particular, if he or she is entitled to enter the State for the duration and purpose intended. In this regard Irish Immigration law, to a significant extent, is similar to that of most other countries including the USA. The fact that the individual's wife and daughter were refused permission to enter the State on this occasion does not prevent them from making another application for a permission in the future.