Written answers

Tuesday, 11 December 2007

Department of Justice, Equality and Law Reform

Visa Applications

9:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 910: To ask the Minister for Justice, Equality and Law Reform when a holiday visa will be issued to persons (details supplied); and if he will make a statement on the matter. [34138/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The applications referred to by the Deputy were received in the Visa Office, Dublin on 29 November 2007. They were refused by the Visa Officer on 6 December 2007 for a number of reasons:

1.The Visa Officer considered that there was no clear link shown to the reference

2.There was insufficient documentation submitted in support of the application; such documentation should give full details of the reason for visit

3.Financial evidence provided was deemed insufficient or incomplete

4.The granting of the visas may result in a cost to public funds and public resources

5.The Visa Officer was not satisfied that the conditions of the visas would be observed and considered that the applicants may overstay following their proposed visit

6.The Visa Officer deemed that the applicants do not have sufficient obligations to return to their home country

The decision of the Visa Officer may be appealed within two months of the date of decision, in this case before 6 February 2008. Guidelines on making an appeal can be found on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 911: To ask the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 1 who is married to an EU national; and if he will make a statement on the matter. [34173/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 14 September, 2002 on foot of a student visa. Her permission to remain in the State expired on 30 September, 2005 and was not renewed. On 29 December, 2006 an application for residence in the State under the provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations, 2006 was received in my Department on behalf of the person in question. The application was refused and this was notified to the person in question by letter dated 13 August, 2007. This letter also informed her that she had no current permission to remain in the State and was therefore unlawfully present in the State.

Subsequently, in accordance with Section 3(4) of the Immigration Act 1999, as amended, she was informed by letter dated 28 August, 2007 that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, will be considered under Section 3(6) of the Immigration Act 1999 as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement), as amended. I expect the file to be passed to me for decision in due course.

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