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Visa Applications.

Dáil Éireann Debate, Tuesday - 9 March 2004

Tuesday, 9 March 2004

Questions (307)

Michael D. Higgins

Question:

394 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform if an appeal for a visa application for a person (details supplied) will be given in view of the fact that a similar visa has previously been issued by other countries, including member countries of the European Union, that all considerations have been complied with in the past, and that there are humanitarian considerations involved. [7842/04]

View answer

Written answers (Question to Minister for Justice, Equality and Law Reform)

The visa application in question was received by my Department on 20 November 2003. The application was supported by an employment permit for employment as a childminder for a five month period from 18 September 2003 to 17 February 2004.

In assessing a visa application a visa officer will have regard to the information provided in the application and to such factors as the applicant's ties and general circumstances in their country of origin, as well as the relative attractiveness and feasibility of remaining in the State. Credibility is central to the visa determination process. The visa officer, in considering the application in question, noted that almost half of the validity period of the five month employment permit had expired. The applicant had not shown any significant ties to her country of origin, Equatorial Guinea. It was also noted that the applicant intended to bring her son with her. In the case of visa required nationals who enter the State on foot of an employment permit, it is only after the worker has been in the State for 12 months and has been offered a contract for a further 12 months that they may be joined by their family. In the circumstances, the visa officer formed the opinion that it would not be unreasonable to conclude that the applicant would not observe the conditions attached to the visa and the application was refused. In that context, account was taken of the fact that the applicant is, in fact, the sister-in-law of the employer in Ireland and that the employer had supported the mother and child in Equatorial Guinea.

An appeal against the refusal was received but the visa appeals officer, having reconsidered the application afresh, upheld the original decision. It is, of course, open to the applicant to make a fresh application with up to date supporting documentation and the matter will be considered anew.

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