Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 470: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 444 of 6 November 2007, the errors which applicants frequently make when applying for such a visa; the documentation which is frequently omitted by the applicant which delays the processing of such applications; and if he will make a statement on the matter. [28414/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The experience of the Visa Office in processing applications for D-type visas is that applicants often overlook to include all the documents required to accompany such applications. This can lead to refusal of the application or, at the very least, a substantial delay in processing. The website of the Irish Naturalisation and Immigration Service www.inis.gov.ie lists the documentation required to accompany visa applications.

Question 471: To ask the Minister for Justice, Equality and Law Reform if he will intervene on behalf of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [28450/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question entered the State on 16 November, 2002 on foot of a work permit. He resigned from his employment in October, 2005 and therefore had no legal reason to remain in the State. On 4 October, 2006 the person in question signed a declaration of consent to deportation which was witnesses by a member of An Garda Síochána. A request was then made to my Department by An Garda Síochána requesting the making of a deportation order.

On receipt of this request the case of the person concerned was examined under section 3(6) of the Immigration Act,1999 as amended, and section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. On 25th November, 2006 my predecessor refused temporary leave to remain in the State and a deportation order was signed in respect of the person concerned. Notice of this order was subsequently served by members of An Garda Síochána by hand on the person concerned in Castlerea Prison, in order for him to make travel arrangements for his deportation from the State.

A consent for deportation order as served on the person concerned is only valid for 3 months pursuant to section 3 subsection 8 of the Immigration Act 1999. This deportation order has since expired. A fresh notice to deport letter was issued by An Garda Síochána by hand to the person concerned in Castlerea Prison on 14th March 2007. Fresh representations were received from the person concerned by my Department on 26th March 2007.

As the case of the person concerned is still under consideration under Section 3 of the Immigration Act 1999 his passport cannot be returned at this stage. This person's case file will be examined under Section 3 of the Immigration Act 1999 and Section 5 of the Refugee Act 1996. I expect the file to be submitted to me for a decision in due course.

Lucinda Creighton (Dublin South East, Fine Gael)
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Question 472: To ask the Minister for Justice, Equality and Law Reform if an application for a stamp one visa by a person (details supplied) in Dublin 4 will be expedited; and if he will make a statement on the matter. [28530/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question made an application for residence in the State on the basis of a proposal to operate a software business in the State in September 2007 and was refused by letter of the 16 October 2007. Among the criteria for obtaining permission to operate a viable trading concern in the State is, (a) that the proposed business must result in the transfer to the State of a minimum capital investment of €300,000 and (b) the proposed business must create employment for at least two EEA nationals for a new project. The applicant did not provide any supporting documentation to show he meets with (a) or (b) above. The Immigration Operations Section of my Department has reviewed this application and is of the view that on the basis of the information supplied that the person in question remains a student and does not meet the criteria for residence in the State on the basis of the Business Permission Scheme as currently constituted.