Fergus O'Dowd
Ceist:226 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if a visa will be granted to a person (details supplied) on appeal. [23902/04]
Amharc ar fhreagraThursday, 7 October 2004
Ceisteanna (226)
Freagraí scríofa
The person in question, a 21 year old non-EEA national, previously made a visa application in March 2004 which was refused. My reply to the Deputy's Question No. 269 of 30 June 2004 refers. In that reply I stated that the applicant could submit a fresh application, with up to date supporting documentation.
In assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicant's stated purpose of visit is the true purpose of visit and whether the applicant will fully honour the conditions of the visa, for example, is unlikely to overstay the length of time applied for or to work without a work permit. The visa officer will also 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 Department's approach in these matters is informed by past experience, including experience of abuse of the system. Common examples of previous abuse include individuals who, although granted a visa to come on a short visit, overstay with a view to establishing themselves permanently in the State.
The current visa application in respect of the person in question was made in July 2004 to enable her to visit the State for the purpose of a three month holiday. This second application was refused because the applicant had not shown that she had any obligations to return home following her proposed visit. She stated that she is a farmer on her visa application form, yet no documentation was submitted with her application to support this claim. In effect, this new application did not contain any additional information from the applicant which could show she had any obligations to return home following her proposed visit.
An appeal against the refusal, which consisted of a letter from the reference in Ireland, and a letter from the Deputy, was received on 23 September 2004. The visa appeals officer considered the application afresh and upheld the decision to refuse the application. It is still open to the applicant to submit a fresh application if she still wishes to visit the State. However, any new application should include the applicant's employment details and evidence of any other obligations she may have which would guarantee her return home following her proposed visit.