Brendan Howlin (Wexford, Labour)
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Question 245: To ask the Minister for Justice and Law Reform the position regarding a visa application (details supplied) submitted on 18 August 2010; when a decision will be made in this case; and if he will make a statement on the matter. [35281/10]

Dermot Ahern (Louth, Fianna Fail)
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I am pleased to inform the Deputy that the visa application referred to was approved on the 4 October 2010. I am informed by officials in the Visa Division of my Department that there is no record of a current visa application in respect of the son referred to. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Brian Hayes (Dublin South West, Fine Gael)
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Question 246: To ask the Minister for Justice and Law Reform in view of recent announcements regarding making Ireland more attractive to foreign students, why is it that, according to the Irish Naturalisation and Immigration Service website, those wishing to study here, if they have ever been refused a visa for any country, must submit the original letter of refusal issued by the authorities of that state while all other applications need only submit details of the refusal, and do not have to submit the original letter; is it reasonable to expect a person to keep a letter of refusal for up to ten years; and if he will make a statement on the matter. [35293/10]

Brian Hayes (Dublin South West, Fine Gael)
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Question 247: To ask the Minister for Justice and Law Reform the procedures and process whereby visa refusal reasons such as need to study in this State not demonstrated or warranted are created and formulated; and if he will make a statement on the matter. [35294/10]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 246 and 247 together.

Each application for a visa for the purpose of study is considered on its individual merits based on documentation and 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, a list of requirements, including details of the documents to be submitted, is available on the website of the Irish Naturalisation and Immigration Service (www.inis.ie). However, as is indicated clearly on the website, these requirements are intended to act as a guideline only and do not limit the discretion of the Visa Officer in determining individual applications. Bearing this in mind, guidelines may also be tailored to different forms of visa application. I am satisfied that these guidelines, and the carrying out of functions by the Visa Section of INIS, are in line with international standards and best practice.

At the discretion of the Visa Officer, applications for visas for reasons of study may be refused, on the basis that the need to undertake the course in this State is neither demonstrated or warranted, in a variety of circumstances including:

an applicant has not outlined and/or satisfied the visa officer as regards the reasons for undertaking the particular course of study identified in the visa application. An example of this is where there is no clear link in the applicant's employment or education history to a particular course - be it a change of career, work related or progressing/advancing to the next stage of study e.g. diploma, degree or masters level.

an applicant has already obtained a higher level of qualification in a particular area than that available from the course of study for which he or she has applied.

the course in question is readily available in the home country of the applicant and there is no reason for the applicant to travel to Ireland for the purpose.

an applicant from a country where English is commonly spoken seeks to study English in Ireland rather than in their home country.

On the issue of submission of original documents, rather than copies or the supply of details, this facilitates the efficient consideration of an application as authentication is easier. It is, therefore, in the interests of applicants to retain for submission original documents where relevant.