Thomas Byrne (Meath East, Fianna Fail)
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Question 231: To ask the Minister for Justice and Law Reform the reasons for refusing entry at Dublin Airport to a person (details supplied). [42481/10]

Dermot Ahern (Louth, Fianna Fail)
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Section 4 of the Immigration Act, 2004, empowers an immigration officer, on behalf of the Minister, to authorise a non-national to land or be in the State. Sub-section (3) of Section 4 sets out the various circumstances which an immigration officer may have regard to in refusing to give such authorisation. These circumstances, any one of which may give rise to a permission to land being refused, include:

(a) that the non-national is not in a position to support himself or herself

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

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

Furthermore, in performing his/her functions under the Immigration Act, 2004, an immigration officer is obliged, pursuant to the provisions of section 4(10) of the said Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him/her and, in particular, to matters including the following :

(a) the stated purpose of the proposed visit to the State;

(b) the intended duration of the stay in the State;

(c) any family relationships (whether of blood or through marriage) of him or her with persons in the State;

(d) his or her income, earning capacity and other financial resources

(e) the financial needs, obligations and responsibilities which he or she is likely to have in the foreseeable future

(f) whether he or she is likely to comply with any proposed conditions as to duration of stay and engagement in employment, business or profession in the State;

On arrival in the State on 1 October 2010, the person referred to was obliged to present at the immigration control facility at the port of entry for the purpose of making an application to land in the State. In the course of the examination of the person concerned, the immigration officer to whom the person presented established that he had first arrived in Ireland on 14 August 2006, at which time he was granted permission to remain in the State until 23 September 2006. However, in the course of conversation with the person, the immigration officer established that the said non-national remained in the State unlawfully for over one year, until at least the end of 2007, during which time he engaged in employment, without having permission to do so. The Immigration Officer also spoke to a brother of the person, who confirmed this information.

As a result of information ascertained during the above mentioned process, the Immigration Officer refused the person's application for permission to enter the State, on the basis that circumstances set out at section 4 (3)(k) of the Act of 2004 existed. The person was informed, in writing, of the grounds for the decision to refuse to grant them permission to land in the State.