Finian McGrath (Dublin North Central, Independent)
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Question 138: To ask the Minister for Justice, Equality and Law Reform if he will advise on a matter (details supplied). [25114/08]

Dermot Ahern (Louth, Fianna Fail)
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The families referred to by the Deputy were granted permission to remain in the State on student conditions. One of the main principles of Ireland's immigration system is that persons coming to Ireland should not be an undue burden on the resources of the State.

In line with this general principle, the established policy in relation to the attendance of overseas students in Irish primary and second level schools is that visas should only be granted to those who are attending fee paying schools on the basis that to do otherwise would give rise to additional demands on the State. For students coming from countries that are not visa required, the position must be consistent with that for visa applicants in that students should only be granted residence permits where they are attending fee paying schools.

The child of an adult student attending an Irish education establishment would be present in the State as a dependant of that parent. That parent would be expected to have sufficient resources to provide for him/herself and any family members while they are in the State. If the child were to be permitted to attend State schools it would be in conflict with the condition of self-sufficiency. The fact that a parent is attending university and paying the costs of that course of study should not in itself permit their child to access State education services.

In terms of legislation, the underlying tenet that a foreign national and any accompanying dependants should not be an undue burden on the State is reflected in section 4 of the Immigration Act 2004 where it is included as one of the reasons why an immigration officer might refuse a person permission to land or be in the State. There is no provision in our Immigration legislation which allows for the payment of a financial contribution in return for a service provided by a public school. A review of general policy in this area is now underway.