The Immigration Act 2004 was enacted for the stated purpose of making provision, in the interest of the common good, for the control of entry into the State, the duration and condition of stay in the State and obligations while in the State of non-Irish nationals. The Act of 2004 makes provision for the Minister for Justice, Equality and Law Reform to appoint "such and so many persons as he or she considers appropriate to perform the functions conferred on immigration officers by the Act".
At section 4 of the Immigration Act, 2004, provision is made for an immigration officer to authorise a non-national to land in the State. However sub-section (3) of section 4 enumerates, at (a) to (k) circumstances in which an immigration officer, may, on behalf of the Minister, refuse to give a person a permission to land in the State.
In performing his or her functions under the Immigration Act, 2004, an immigration officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him or her and, in particular, but without prejudice to the generality of the foregoing, 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)his or her income, earning capacity and other financial resources
(d)the financial needs, obligations and responsibilities which he or she is likely to have in the foreseeable future
(e)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, a non-national is obliged, pursuant to the provisions of the Immigration Act, 2004, to present to an immigration officer at an immigration control facility, for the purpose of making an application to land in the State.
Every person landing in the State is obliged, pursuant to the provisions of section 11 (2) of Immigration Act, 2004, to furnish to an immigration officer such information in such manner as an immigration officer may reasonably require for the purposes of the performance of his or her functions.
One of the main principles of Ireland's immigration system is that persons coming to Ireland should not be an undue burden on the resources of the State.
In application of this general principle, the child of an adult student attending an Irish university would be present in the State as a dependant of that parent who would be expected to have sufficient resources to provide for him/herself and any family members while they are in the State. If the children of such a student were to be permitted to attend State schools it would be in conflict with the condition of self-sufficiency. The fact that a parent is attending university and paying the costs of that course of study should not in itself permit their child to access State education services. This policy has been in place for some time.
In relation to detailed guidelines relating to students, the visa requirements are set out on the Irish Naturalisation and Immigration Service website www.inis.gov.ie. These are only guidelines however and the onus remains on the individual in all immigration cases to make whatever enquiries are necessary to be sure that their proposed stay in the State will be permissible.
In the course of making an application to land in the State, the person referred to by the Deputy stated to an immigration officer that his purpose for visiting Ireland was to undertake a course of study at University College Cork.
The person concerned was accompanied by his wife and daughter when he presented at immigration control at the port of entry and the information disclosed caused the Immigration Officer to enquire further about purpose for visiting Ireland, in order to fulfil his obligations pursuant to the provisions of Immigration Act, 2004, and in order to establish the information he required to make a decision with regard to the application to land.
Following his conversations with the persons concerned, the Immigration Officer decided that the appropriate course of action for him to take was to refuse their application for a permission to land on the basis that circumstances enumerated at section 4(3)(k) of the Act of 2004 existed. The Immigration Officer explained to the persons concerned the conditions of entry to Ireland that pertain with regard to the spouse / partner and children of a person whose permission to enter the State relates to the undertaking of a course of education.
The person referred to subsequently entered into correspondence with the Registration Officer at the Garda National Immigration Bureau who, having examined all the circumstances surrounding the arrival in the State of the family concerned on 7th September 2007, concluded that the Immigration Officer acted constitutionally and lawfully, reasonably, and in accordance with fair procedure and informed the person, in writing, of that decision.
The person referred to has been advised that the refusal to enter Ireland does not prevent him from making another application for permission, in the future.
