Skip to main content
Normal View

Visa Applications.

Dáil Éireann Debate, Wednesday - 26 January 2005

Wednesday, 26 January 2005

Questions (689, 690, 691, 692, 693, 694, 695, 696)

Dan Boyle

Question:

751 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of a person (details supplied). [1426/05]

View answer

Written answers

The person, a Cameroonian national, arrived in the State on 22 April 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. She is the parent of an Irish born child.

Subsequently, in accordance with the Immigration Act 1999, as amended, she was informed by letter dated 30 June 2004 that it was proposed to make a deportation order in her case. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons that she should be allowed to remain temporarily in the State, leaving the State before a deportation order is signed or consenting to the making of a deportation order.

In the normal course of events her case file, including all representations submitted, would be considered under section 3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended (prohibition of refoulement).

However, this person, as the parent of an Irish born child, may, if she so wishes, apply to have her application considered under the new arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department's website www.justice.ie. Application forms are also available from Garda district headquarters stations outside Dublin, at all Reception and Integration Agency accommodation centres countrywide and from various non-governmental organisations working with immigrants and asylum seekers.

Dan Boyle

Question:

752 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of a person (details supplied). [1427/05]

View answer

It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Dan Boyle

Question:

753 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of a person (details supplied). [1428/05]

View answer

The person in question arrived in the State on 1 August 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal.

Subsequently, in accordance with the Immigration Act 1999, as amended, he was informed by letter dated 22 October 2004, that it was proposed to make a deportation order in his case. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons that he should be allowed to remain temporarily in the State, leaving the State before the deportation order is made or consenting to the making of a deportation order.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 (prohibition of refoulement). I expect the case file to be passed to me for decision in due course.

Dan Boyle

Question:

754 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of persons (details supplied). [1429/05]

View answer

This Cameroonian couple arrived in the State on 19 January 2002 and 21 December 2001 respectively and applied for asylum. Their applications were refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The couple are the parents of an Irish born child.

Subsequently, in accordance with the Immigration Act 1999, as amended, they were informed by letters dated 12 March 2003 and 28 October 2004 respectively, that it was proposed to make deportation orders in their case. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons that they should be allowed to remain temporarily in the State, leaving the State before deportation orders are signed or consenting to the making of deportation orders.

In the normal course of events, the couple's case files, including all representations submitted, would be considered under section 3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended (prohibition of refoulement).

However, this couple, as the parents of an Irish born child may, if they so wish, apply to have their application considered under the new arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department's website www.justice.ie. Application forms are also available from Garda district headquarters, stations outside Dublin, at all Reception and Integration Agency accommodation centres countrywide and from various non-governmental organisations working with immigrants and asylum seekers.

Dan Boyle

Question:

755 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of a person (details supplied). [1430/05]

View answer

An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in May 2004. Applications of this type are dealt with in chronological order and currently take approximately 16 months to process.

Dan Boyle

Question:

756 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of a person (details supplied). [1431/05]

View answer

This person arrived in the State on 8 May 2003 and applied for asylum. His application was in turn considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom considered that he did not meet the criteria for recognition as a refugee. The recommendations of both bodies were communicated to the person concerned.

In accordance with section 17(1) of the Refugee Act 1996, as amended, my Department will be in contact with this person by letter in the coming days to inform him as to his current position in the State.

Dan Boyle

Question:

757 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of the application of a person (details supplied). [1432/05]

View answer

I can inform the Deputy that permission to remain in the State was granted to the person in question on 17 January 2005.

Caoimhghín Ó Caoláin

Question:

758 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the reason for the denial on appeal of a visa to a person (details supplied). [1647/05]

View answer

The visa application in question was to enable the wife of a non-EEA national employed under the work permit scheme to reside with him in the State. A worker employed under the work permit scheme may be joined by a spouse and minor children after a worker has been in the State for one year and has been offered a contract for a further year. The worker must also be able to fully support the family members in question without the need to have recourse to public funds. The application in question was refused as the supporting documentation did not show that the worker in question was in a position to fully support his family. The immigration status of the worker was also taken into account as his work permit and his permission to remain were shortly due to expire.

When assessing applications of this type the visa officer will consider, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. In this regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment is used . If the level of the worker’s income as evidenced by his or her payslips and P60 would come within the ambit of qualifying for FIS payments, the application for a visa is generally refused.

An appeal was made against the decision to refuse the application. The appeal was supported by additional evidence of finances and evidence that the reference's work permit had been renewed for a further year. The application was re-examined by the appeals officer who was satisfied that the issue of the immigration status of the worker had been resolved. However, the new payslips, while showing a recent increase in income, demonstrated that the level of income would still come within the ambit of qualifying for FIS payments. For this reason the appeals officer decided to uphold the initial decision to refuse a visa.

It is of course open to the person to make a fresh application supported by current documentation. In this regard, evidence that the recent increase to the worker's salary is ongoing will be taken into account.

Top
Share