Ruairi Quinn (Dublin South East, Labour)
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Question 262: To ask the Minister for Justice and Law Reform the percentage of visa decisions, excluding appeals, reviewed each month either by a senior official in his Department or by senior management in the Irish Naturalisation and Immigration Service; how these visa decisions are chosen for review; of those reviewed in the past 12 months, the percentage found to be unreasonable and subsequently overturned; the actions taken if an official's decision in the first instance is found to be unreasonable; if he will provide a copy of the regulations concerning the review procedure of visa decisions; and if he will make a statement on the matter. [41091/10]

Dermot Ahern (Louth, Fianna Fail)
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As stated in my reply to Parliamentary Questions Nos. 156 and 157 of 24 June 2010, a percentage of decisions made by Visa Officers are reviewed weekly by a more senior official. While the number of visa applications fluctuate from week to week, on average 10% of decisions are selected for review. While records are not kept in such a way as to indicate definitively the number of such reviews which have resulted in a change to the original decision, I can inform the Deputy that the number of such changes is very low. The purpose of the review is to assure the quality of the Visa Officers' work and to ensure that all guidelines are being adhered to; there is also a training and mentoring aspect to this approach. A percentage of each Visa Officer's decisions are selected with the aim of ensuring that weekly reviews cover all visa categories - study, visits, join family, business and events.

Where processing issues are identified during these reviews, these are discussed by the Visa Processing Supervisor and the Visa Officer concerned, the goal being to raise awareness of the need to adhere strictly to the guidelines throughout the processing stage. If necessary, the original decision is changed from refusal to grant of visa, or vice versa. An added safeguard is in place in that, at any stage during the processing procedure, Visa Officers may refer applications to their Supervisor for a second opinion in order to ensure, to the greatest extent possible, that a correct decision is reached. This is particularly the case in instances where matters of a more complex nature arise or where no previous precedent arises. It should also be noted that refusal decisions are generally made on the basis of a number of refusal reasons within the application.

As the Deputy is aware, where an applicant is not satisfied with the decision at first instance, it is open to that applicant to lodge an appeal of the decision to refuse a visa within two months of the date of refusal. A visa appeal is free of charge to the applicant.

As with all visa applications in all countries worldwide, the central concern is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time not placing unnecessary or unreasonable obstacles in the way of those who intend travelling for legitimate purposes and who are likely to abide by the terms of their visa. Each visa application is decided on its individual merits and every effort is made to achieve this balance.

Finally, the Irish visa regime operates in exercise of permissive powers conferred on the Minister by the Immigration Act 2004 and the Immigration Act 2004 (Visa) (No.2) Order 2009. The visa processing guidelines and procedures are administrative in nature, are widely publicised on our website, and are essentially based on experience, investigation and verification of the information provided by each applicant, cooperation and information sharing with the immigration services of other countries, best practice and local knowledge. They are not specifically provided for in either primary or secondary legislation. The Immigration Residence and Protection Bill 2010 currently at Committee stage will, when enacted, set out statutory procedures to be followed in dealing with applications for visas.

Ruairi Quinn (Dublin South East, Labour)
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Question 263: To ask the Minister for Justice and Law Reform, further to Parliamentary Question No. 156 of 24 June 2010, if he will confirm that visa officials are not qualified to carry out their own English tests by phone or interview; the reason the discretion for acceptance of a student on an educational course has been removed from education institutions and now rests solely with the deciding officer; and if he will make a statement on the matter. [41092/10]

Dermot Ahern (Louth, Fianna Fail)
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I can advise the Deputy that Visa Officers, in considering visa applications, do not carry out English language tests by telephone or face-to-face interview. The question, therefore, of their proficiency to carry out English language tests does not arise.

The Deputy may be aware that there are a number of accredited organisations involved in testing and providing certification in English language proficiency. As mentioned in my response to Parliamentary Questions Nos. 156 and 157 of 24 June 2010, it is recommended that Study Visa applicants, regardless of nationality or educational background, undertake the International English Language Testing System (IELTS) English Language Test or a recognised equivalent. Where English language proficiency is established by Study Visa applicants, they are advised to provide original certification of this with their visa application. Along with a range of other investigations and checks, it is part of the routine investigative role of the Visa Officer to check into the validity of this certification. As part of this wider investigative role, or for the purposes of clarification of aspects of the visa application, a Visa Officer may very occasionally conduct a face-to-face interview with any visa applicant (including a study visa applicant), or an interview over the telephone where the applicant is face-to-face with an Honorary Consul. Such contact with visa applicants is a routine part of the visa application process for most countries around the world.

My Department has no role in selecting or recruiting students for programmes of study in Irish schools and colleges. This is the task of the schools and colleges themselves, and is often done with the assistance of a local agent. While evidence of acceptance on a course of study (from the educational provider) is a prerequisite in considering a Study Visa application, discretion rests, as has always been the case, with the Visa Officer as to whether a visa should be granted having regard to all relevant factors.

Finally, my Department continually examines ways in which the visa process can facilitate the promotion of Ireland's economic and other interests, while at the same time considering the needs of an effective immigration regime. In this respect, as the Deputy will be aware, a document entitled "New Immigration Regime For Full Time Non-EEA Students" was launched by the Government on 22 September. This was in tandem with the Government's five-year strategy document "Investing in Global Relationships: Ireland's International Education Strategy 2010-15". Copies of these documents are available from the websites of the Irish Naturalisation and Immigration Service and the Department of Education and Skills respectively.