Written answers

Thursday, 24 June 2010

Department of Justice, Equality and Law Reform

Visa Applications

4:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 154: To ask the Minister for Justice, Equality and Law Reform the legal basis and/or administrative scheme governing the visas issued to foreign diplomats here, the staff of the foreign embassies and household workers employed by the foreign diplomats; the specific type of visas issued to these categories of persons; the terms and conditions of these visas and the criteria for issuing them; and if he will make a statement on the matter. [27387/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The status of diplomatic and other staff of foreign missions, including private domestic workers or private servants employed by diplomats, is governed by the Vienna Convention on Diplomatic Relations 1961 which, under the Diplomatic Relations and Immunities Act 1967, has the force of law in the State. The Convention provides that the sending state must notify the Ministry of Foreign Affairs, or such other ministry as may be agreed, in the receiving state of the arrival and departure of diplomatic staff, their family members and private servants and the engagement and discharge of persons resident in the receiving state as members of the mission or private servants entitled to privileges and immunities.

Visa rules provide that citizens of certain countries require a visa to travel to Ireland and where such persons come within the Convention and are posted to Ireland they must obtain an Irish visa prior to entry to the State. There are no particular conditions attached to the visa granted other than that it has been issued for the purpose of allowing the person to take up the assignment.

The Immigration Act 2004 provides that a person who is entitled to privileges and immunities under the Diplomatic Relations and Immunities Act 1967 is not subject to the 2004 Act. However, once admitted to Ireland, the Irish Naturalisation and Immigration Service will, at the request of the Department of Foreign Affairs, place in the person's passport an endorsement confirming his or her status in the State. The person concerned is not required to register with the Garda National Immigration Bureau. The person is expected to leave the State once the assignment is at an end.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 155: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 156 of 9 June 2010, the policy of the visa office in Beijing (details supplied); and if he will make a statement on the matter. [27271/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Based on the information provided by the Deputy and in the absence of specific detail, I am unable to provide a substantive response. I can however advise that it is the general policy of the Visa Office, Beijing to refuse visas to a group of individuals travelling together where one individual in the party submits false, fraudulent or misleading information. The discovery of false, fraudulent or misleading information in one application as part of a group can lead to a legitimate and reasonable concern in respect of the other group members' documentation and the reliability of the group as a whole. This is particularly the case where the group concerned are represented by a third party or agent. There may be exceptions to this general policy, depending on the particular circumstances of the case and the track record of any institution involved.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 156: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 157 of 9 June 2010, considering the importance of the role of visa officials in international education, if he will indicate the appropriateness of training on an [i]ad hoc[/i] informal basis; if he will outline the steps that are taken to ensure that visas are being processed in an appropriate and fair manner; and if he will make a statement on the matter. [27272/10]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 157: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 157 of 9 June 2010, if training is given to visa officials and their support staff that enables them to assess the educational qualifications or proficiency in English of a visa applicant; and if he will make a statement on the matter. [27273/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 156 and 157 together.

As stated in my reply to Parliamentary Question 157 of 9 June 2010, Visa Officers are provided with on the job training and support by more experienced Visa Officers in the section. This approach is considered to be the most logical and indeed best suited to delivering a quality customer service to visa required nationals.

In general, a percentage of decisions made by Visa Officers are reviewed each month by an official at a more senior level for quality assurance purposes. Also, in line with best practice, where a visa has not been granted the applicant is afforded the opportunity to appeal the decision of the Visa Officer. It should be borne in mind that visa applications are sometimes refused because the applicants have neglected to include all the necessary documents required in order to assist the Visa Officer in arriving at a decision. I am satisfied that Visa Officers of the Irish Naturalisation and Immigration Service carry out their functions in a consistent and careful manner and that decisions on visa applications are made in an objective manner.

Each application is considered on its individual merits based on the documentation/evidence provided by the applicant. It is always the case that the onus rests with the applicant to satisfy the Visa Officer as to why a visa should be granted. In order to assist visa applicants, guidelines on the visa process including details of the documents required are available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie). On the basis of the above, I am satisfied that the functions carried out by the Visa Section of the Irish Naturalisation Service are in line with international standards and best practice.

Where an applicant seeks a visa for the purpose of study, one key consideration of the Visa Officer is to assess the educational qualifications and, in certain instances, the proficiency in English of a visa applicant. Critically, the applicant must provide evidence that they have attained the necessary level of academic achievement required to follow their chosen course. If the applicant does not have the appropriate standard of English, it calls into question the credibility of the applicant. Evidence that a visa officer takes into consideration, in this regard, includes exam results, qualifications obtained and certificates attesting that the applicant possesses the required level of English.

With regard to establishing proficiency in English, it is recommended that applicants, regardless of nationality or educational background, undertake the International English Language Testing System (IELTS) English Language Test. Where proficiency is established, applicants are advised to provide original certification of this with their visa application. Proficiency in English is not a prerequisite where a visa application is solely for an English language course. A Visa Officer will however seek to establish whether or not the proposed course is consistent with the applicant's general academic or work background, based on the documentation provided by the applicant. Essentially the educational qualifications and proficiency in English of an individual is established on the basis of the certification and documents provided by the applicant.

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