Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 895: To ask the Minister for Education and Science if she will assist in the case of a person (details supplied) in Dublin 9. [36071/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

Existing education policy is that students up to 18 years of age are admitted to primary and second level schools irrespective of their nationality or status. Indeed, under the Equal Status Act, schools may not discriminate in admission to schools except where this is necessary to maintain the religious values or ethos of the school. While the Act does provide for differential treatment in relation to fees for further and higher education for persons who are not nationals of an EU Member State, there is no such condition specified in regard to second level schools.

The admission of persons to the State from outside the EU is a matter for the immigration authorities. Children of refugees, those with humanitarian leave to remain in the State, asylum seekers and dependents of certain work permit holders, are entitled to access free first and second level education. However, the basic conditions for a student visa require that the student attend a full time programme of education and training, pay the appropriate fees and be financially self supporting. Such students have no entitlements to bring their dependents with them to the State.

The Report on the Inter-Departmental Committee on the Internationalisation of Irish Education, published in 2004, set out a strategy with the objective of enhancing the attractiveness of Ireland as a quality venue for international students and increasing the numbers of students coming to Ireland to participate in further and higher education and training and in the language sector. It was envisaged that students from outside the EU/EEA and Switzerland, other than refugees and those with humanitarian leave to remain in the State, would participate on a fee paying basis.

In the course of the discussions leading to the Report, the position of minors attending school for second level education was discussed, and the existing immigration policy that student visas should be allowed only in respect of attendance at fee-paying schools was confirmed, on the basis that to do otherwise would give rise to additional demands on the State.

In overall discussions with the immigration authorities in regard to student visas at second level, my Department has made clear the requirements under the Equal Status Act, has stressed the need to take due account of the age and vulnerability of children who, while having no entitlement to remain in the State, may already be enrolled in schools in the Free Education Scheme, and the importance of completion of second level education to future life chances.

However, the case raised by the Deputy relates to the dependant of student visa holders from outside the EU, and is essentially a matter for the immigration authorities.