Written answers

Tuesday, 16 October 2007

Department of Justice, Equality and Law Reform

Visa Applications

10:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 488: To ask the Minister for Justice, Equality and Law Reform if Irish born children have a right to have both parents living here particularly when one is a foreign national (details supplied)); and if he will clarify the situation. [23336/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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At present there is no absolute right to reside in the state based on marriage to an Irish national or by virtue of being the parent of an Irish born child. In most cases, the first action of a foreign-resident parent of an Irish-born child wishing to come to Ireland is to submit a visa application. It is the case that the right to family life, as envisaged in Article 8 of the European Convention on Human Rights, must be balanced with the State's obligations to ensure the integrity of its immigration systems and procedures when assessing visa applications.

In the case of the application referred to by the Deputy, a "Join Spouse" visa application was received in the Visa Office, Dublin on the 30 August 2007. It was refused by the Visa Officer on 21 September 2007 for a number of reasons. The principal reason for refusal was the immigration history of the applicant, who was deported from the state in 2003. It is the general policy of my Department not to grant a visa to persons who are the subject of a deportation order.

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