Dáil Éireann Debate, Tuesday - 12 April 2005
736 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the criteria applied in deciding on the application of nominating parents of a person married to an Irish national to receive a holiday visa; the reason refusals are not accompanied by detailed reasons for the refusal in order that an appeal may address these reasons in a meaningful manner; and the reasons for refusal in the case of persons (details supplied). [10753/05]
Amharc ar fhreagraThere is an extensive set of criteria applied when assessing any visa application. These criteria depend to a large extent on the context in which the application is made, the personal circumstances of the applicant and the nature and purpose of the application. Government policy of the day will also have an influence on the assessment of applications falling into specific categories. There is no provision in Irish law for granting a visa to a person purely on the basis of parentage of a spouse of an Irish national. Therefore, a person in that situation applying for a visa, will have his or her application processed in accordance with the standard procedure. The central tenet of the visa application system in this State is that the onus is at all times on the applicant to satisfy my Department that it would be appropriate to grant them a visa. Credibility is key and, not surprisingly, inconsistencies on the application form or in the supporting documentation may result in a refusal. Applicants are expected to submit suitable levels of documentation appropriate to their circumstances and the purpose of their proposed trip.
Likewise inconsistencies or questions that arise with regard to an applicant's immigration history or the immigration status of a named reference in Ireland, will similarly result in a refusal, unless the Department's concerns are adequately addressed. Prior visa refusals, while not automatically leading to the refusal of a subsequent application, will be a consideration. It has been the long-standing practice that an applicant is notified as soon as possible after a decision has been made on their application, whether it be a decision to grant or a decision to refuse. This decision is communicated to the applicant via our colleagues in the Department of Foreign Affairs and their overseas missions. This method ensures the most timely and efficient means of informing applicants of a decision. If the application has been refused, the applicant is invited to submit a request in writing for the reasons for refusal, at which time my Department will supply him or her, in writing, with the reasons for refusal to enable them to address the identified shortcomings at appeal stage. This is the normal process that most applicants would be expected to follow.
Due to administrative and technical constraints and the sheer number of embassies, consulates and missions involved throughout the globe, it has not been possible in the past to operate a system whereby applicants are automatically notified of the reasons for refusal with the notification of the decision. To do so would have required ongoing, extensive manual exercises which would detract from the efficiency of the visa system in general. However, recent developments and significantly increased resources have enabled officials in both my Department and that of my colleague, the Minister for Foreign Affairs, to jointly develop a proposal for a system to facilitate the inclusion of the reasons for refusal, if they apply, on the decision letter that is currently issued to an applicant. I am informed that this system is currently in the implementation stage and it is expected that reasons for refusal will be automatically included on decision letters in the very near future.
With regard to the specific reasons for refusal of the applications in question, in both cases, the visa officer could not reasonably be satisfied on the basis of the documentation supplied to my Department that the applicants would observe the conditions of the visas applied for. In particular, it was felt that the applicants had not displayed evidence of their obligations to return home following the proposed visit. Additionally, it was noted that in both cases, no evidence of finances was supplied. The stated means of support recorded on the applications was "own funds", however I am informed that none of the required two to three payslips or a detailed bank statement covering a two to three month period, were supplied. Finally, in the case of one of the applications, No. 1340006, it was noted that duly notarised official translations of certain documents were not supplied. Consequently, this application was refused on grounds of insufficient documentation in addition to the reasons listed above that were common to both applications.
It is open to the applicants to appeal the refusal decisions, by writing to the visa appeals officer of my Department within two months of the date of receipt of their decision letter. Any appeal should be accompanied by additional documentation designed to address the reasons for refusal outlined and with regard to the criteria previously explained.
