Question 139: To ask the Minister for Justice, Equality and Law Reform the guidelines followed by immigration officers at Irish airports in making a decision as to whether to allow somebody enter the country if they have already obtained a visa (details supplied); and if he will make a statement on the matter. [10749/09]

Dermot Ahern (Louth, Fianna Fail)
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It is necessary for a non-national in the circumstances set out by the Deputy to apply for a visa at the Irish Embassy or consular office nearest to where he/she resides. Such matters as ability to be able to support himself/herself and provide accommodation for himself/herself without working in Ireland will be part of the assessment procedure in deciding whether to grant or refuse the visa. It should be noted that a visa only entitles the holder to present himself/herself to an immigration officer at a port of entry.

Section 4 of the Immigration Act, 2004 provides that an immigration officer may, on behalf of the Minister, give to a non-national a document, or place on his or her passport, or other equivalent document, an inscription authorising the non-national to land or be in the State. This is effectively permission to remain and reside in the State.

Section 4 also provides that an immigration officer may, on behalf of the Minister, refuse to give a permission to a non-national, if the officer is satisfied:

(a) that the non-national is not in a position to support himself or herself and any accompanying dependants;

(b) that the non-national intends to take up employment in the State, but is not in possession of a valid employment permit;

(c) that the non-national suffers from a condition specified in First Schedule accompanying the Act;

(d) that the non-national has been convicted (whether in this State or elsewhere) of an offence that may be punished under the law of the place of conviction by imprisonment for a period of one year or by a more severe penalty;

(e) that the non-national, not being exempt from the requirement to have an Irish visa, is not the holder of a valid Irish visa;

(f) that the non-national is the subject of a deportation order, exclusion order or a determination by the Minister that it is conducive to the public good that the person remains outside the State;

(g) that the non-national is not in possession of a valid passport or other equivalent document;

(h) that the non-national intends to travel to Great Britain or Northern Ireland and would not qualify for admission to those places;

(i) that the non-national, having arrived as a seaman, has remained on after the ship's departure without the leave of an immigration officer;

(j) that the non-national's entry into, or presence in, the State could pose a threat to national security or be contrary to public policy, and

(k) that there is reason to believe that the non-national intends to enter the State for the purposes other than those expressed by the non-national.

A non-national will be interviewed by the Immigration Officer on arrival at the frontier of the State and the above legal provisions are effectively the guidelines applied by an immigration officer to assess a person who seeks permission to enter the State. It is, therefore, a matter for such a person, prior to making a reservation to travel here, to satisfy himself/herself that he/she will be in a position to satisfy the immigration officer that he/she meets the above conditions.

Richard Bruton (Dublin North Central, Fine Gael)
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Question 140: To ask the Minister for Justice, Equality and Law Reform if a US citizen who is studying for a legal degree here can get visa cover to undertake a two-year apprenticeship which is required by the Law Society to complete qualification; and if so, the visa that is required for such participation. [10549/09]

Dermot Ahern (Louth, Fianna Fail)
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It is not possible, based on the information provided, to state what the person referred to by the Deputy is required, by law, to do to fulfil his obligations to the Immigration Laws of this State. The person concerned should write to the General Immigration Division of my Department, which is located at 13-14 Burgh Quay, Dublin 2, providing full details and documentation of his/her plans to stay in Ireland to enable my officials to decide on the application.