Finian McGrath (Dublin North Central, Independent)
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188. To ask the Minister for Justice and Equality if she will support a matter (details supplied) regarding an application for a visa; and if she will make a statement on the matter. [36830/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application in question was withdrawn because of the absence of confirmation from the University concerned that the applicant's choice of course was not in breach of EU sanctions relating to nuclear activity. The relevant EU regulations include restrictions on the provision of technical assistance to include training and instructions in certain fields.

The long-standing arrangement in cases such as this is that third level institutions are asked by the INIS Visa Office to familiarise themselves with the regulations and to certify that the placement does not potentially constitute the intangible transfer of technology in breach of EU regulations. This is because it is not feasible for a Visa Officer to determine whether a particular third-level course would or would not come within the remit of the regulations. Only the provider of the course would be familiar with its contents and qualified to make an informed assessment. It is only upon confirmation from the course provider that a chosen course of study is not in breach of the regulations can a Visa Officer make an informed determination on an application.

In this instance, the University concerned advised the Visa Office that the particular department of the school was not in a position to interpret the regulations and provide the necessary confirmation. In these circumstances, the applicant was advised by the Visa Office to withdraw the application so as not to incur a negative decision to his visa application history, and he did so withdraw the application.

It is open to the person concerned to submit a fresh visa application. However, if it is to be approved, it will be necessary for the course provider to certify that the placement would not constitute a breach of the regulations.