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Dáil Éireann díospóireacht -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Visa Applications.

Seán Crowe

Ceist:

419 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if, regarding the refusal of his Department to issue visas to persons (details supplied), he will clarify the explanation he gave that they had not displayed sufficient evidence of their obligations to return home after the visit; and the evidence of their intent to return home he will consider sufficient. [13003/03]

The granting of an Irish visa is, in effect, only a form of pre-entry clearance. It does not grant permission to enter the State. Visa holders are subject to the normal immigration controls at the port of entry and may be granted or refused entry to the State by the immigration officers in accordance with the provisions of the Aliens Act 1935 and the Aliens Order 1946, as amended.

Visa applications are assessed by a visa officer having regard to the criteria set out in the above legislation, who will address,inter alia, the following concerns. Is the applicant's stated purpose of visit their true purpose of visit? Is the applicant in possession of a valid passport or other such document? Is the applicant in a position to support himself or herself while in the State? Might the applicant breach the conditions of the visa by, for example, working without a work permit or overstaying the length of time applied for? Might the applicant breach the common travel area by travelling from the State to the UK or Northern Ireland without an appropriate entry visa?
In assessing these issues the 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 his country of origin, his immigration history as well as the relative attractiveness and feasibility of his remaining in the State. The Department's approach in these matters is informed by past experience, including experience of abuse of the system.
When assessing the applications in question, consideration was given to the personal circumstances of the applicants and the extent of their ties in their country of origin. The applications were refused because it was not established, on the basis of the documentation supplied to my Department, that the applicants would observe the conditions of a visit visa. In particular, it was felt that the applicants had not displayed sufficient evidence of their obligations to return home following their proposed visit. In one case, for example, the applicant is 60 years of age, has supplied no evidence of means in her country of origin and does not appear to be in employment there. In the other case the applicant in question has no previous travel history although he is in employment.
It is open to the applicants to appeal against the refusal of the visas by writing to the visa appeals officer in my Department and providing additional supporting documentation. It is the responsibility of each applicant to submit all relevant documentation, including any evidence of intent to return home, which may support the appeal.
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