Irish general employment permit and visa ban for asylum seekers to be ruled unconstitutional.

Ireland’s Supreme Court has notified the State of its intention to make a formal declaration in February 2018, ruling that a total Irish general employment permitand visa ban that stops asylum seekers working in the country is unconstitutional. Five judges announced that its declaration will be made on February 9th, 2018.

Sanwar Ali workpermit.com comment:

The Irish employment permit scheme should still be considered a good alternative option compared to say the UK Tier 2 Visa and Tier 2 Sponsorship Licence Scheme for those willing to consider Ireland as an alternative immigration destination to the UK.   The UK Tier 2 visa system is complicated, bureaucratic, expensive and unfair.

It’s understood that the Supreme Court’s decision will not be swayed by any progress the State has made towards tackling the court’s findings on the ban. On May 30th, 2017 the court ruled unanimously ‘in principle’ that the Irish general employment permit and visa ban was unconstitutional.

However, a formal declaration was postponed for six months while the government was given time to address the situation. When the case returned to court in November, exactly six months after the original hearing, the court sought a further deferral until March 2018.

European Commission Reception Directive and Irish Visas

Representing the State, Nuala Butler SC, said: “The government is in the process of opting into the EC Reception Directive, which contains a provision requiring member states to afford the right to work in certain circumstances, but the matter is complex with many issues needing to be addressed.”

Butler insisted that the court should not make a formal declaration of ‘unconstitutionality’ because it would lead to a deluge of Irish general employment permit and visa applications from asylum seekers wanting permission to work in Ireland.

According to Butler, a high volume of these Irish general employment permit and visa applications would be refused, while wasting a huge amount of time and resources to process them.

Meanwhile, Michael Lynn SC, who represented a Rohingya man who successfully challenged the ban, stated that his team would ‘prefer an immediate declaration.’ However, he added that he did not want to create ‘unnecessary obstacles’ and any ruling was for the court to determine.

One comment on “Irish general employment permit and visa ban for asylum seekers to be ruled unconstitutional.
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