Ireland: Decision on Employment Permit Challenge

Key Points  

• The High Court in Ireland issued a decision concerning a rejected employment permit that was incorrectly assigned a Standard Occupational Classification code by the Reviewing Officer when there was no need for the Review Officer to assign a Critical Skills List Assignment code  

Overview  

The Department of Enterprise, Enterprise, Trade & Employment (‘DETE’) in Ireland issued a decision on an Appeal (a Review) of a previously rejected Critical Skills Employment permit. DETE decided that the applicant did not meet the requirements needed to satisfy an occupation listed under the Critical Skills Occupation List.  

However, the Reviewing Officer identified what they believed was the appropriate SOC Code in the Review decision which was not required.  

As the Reviewing Officer did identify one the Court was permitted to examine that SOC Code and found that it was irrational that this SOC Code was identified as there was no evidence that this applied to the employment in the application for the employment permit.   

What are the Changes?  

In the case, the High Court has confirmed that officials of the Department Business, Enterprise and Innovation are not obligated to ‘assign’ a Standard Occupational Classification System (SOC Code) to a position for the purpose of deciding whether the position falls under the Critical Skills Occupation List. 

The High Court also confirmed that it is for the applicant for an employment permit to satisfy the Minister that the position for which a permit is sought is on the Critical Skills Occupation List. If the Minister is not so satisfied, then he is entitled to reject an application.  

Looking Ahead  

Continue to check the government of Ireland’s website and Envoy’s website for the latest updates and information.