Michael Healy-Rae (Kerry South, Independent)
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Question 145: To ask the Minister for Education and Skills the reason a person (details supplied) in County Kerry was refused a higher education grant; and if he will make a statement on the matter. [23195/11]

Michael Healy-Rae (Kerry South, Independent)
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Question 181: To ask the Minister for Education and Skills the reason a person (details supplied) in County Kerry was refused a higher education grant; if he will confirm this person's residency status; and if he will make a statement on the matter. [23196/11]

Ruairi Quinn (Dublin South East, Labour)
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I propose to take Questions Nos. 145 and 181 together.

I understand that in the case referred to by the Deputy, an application for a grant made to the student's local authority was unsuccessful and that in a subsequent appeal made to the local authority the original decision was upheld. I also understand that a further appeal was made to the Department and the decision of the awarding authority was upheld on the grounds that the candidate in question did not meet the nationality requirements of the grant scheme.

The specific clause relating to nationality in the 2010/11 student grant schemes stipulates that candidates must be a national of (i) an EU Member State, (ii) a state which is a contracting state to the EEA Agreement, (iii) the Swiss Confederation, or a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996; or be a person, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006), (i) who the Minister for Justice, Equality and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those Regulations, or (ii) to whom the Minister for Justice, Equality and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations; or have permission to remain in the State as a family member of a Union citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 and Directive 2004/38/EC of the European Parliament and of the Council; or have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the dependent child of such person, not having EU nationality; or have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999.