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Employment Permits (Amendment) Act 2014

Part 1 of the Employment Permits (Amendment) Act of 2014 is preliminary and general in nature, and sets out a number of definitions of terms used in it.

Part 2 of the Act is designed to amend the Employment Permits Act 2003, arising out of the High Court’s decision in Hussein v. Labour Court [2012] IEHC 364, which overturned a decision of the Labour Court to award a third country national back-pay and other money, on the basis that his contract of employment was unlawful by reason of his failure to have an employment permit. The Act provides for a defence to a charge of having been employed without an employment permit, where it can be proved that the foreign national took all reasonable steps to ensure compliance with the section. The Act also allows the foreign national to seek compensation against an employer, despite the illegality of the contract.

Part 3 of the Act of 2014 amends the Employment Permits Act 2006 to make further provision in respect of the employment permit system. The amendments provide for inter alia different types of permits for different purposes, and additional criteria and rules for determining whether or not to grant applications for permits. Specific provisions also take account of the needs of start-up companies in that regard.

Part 4 of the Act amends s. 5 of the Illegal Immigrants  (Trafficking) Act 2000 by providing for the manner by which various classes of “decisions” in the areas of international protection (asylum and subsidiary protection), immigration and free movement of persons in the context of European law can be challenged. The most significant feature is the removal of the requirement that a leave application challenging a decision covered by s. 5 had to be heard on notice. Such applications are now to to be heard ex parte, unless the court directs otherwise. The range of decisions covered by s. 5 is supplemented.

Part 5 amends the Immigration Act 2004 and Aliens Order 1946.

Part 6 contains miscellaneous provisions, including amendment of the Taxes Consolidation Act 1997.

Date: 27 July 2014
Legislation Type:Act (IE)
Geographical Focus:Ireland
In Force:Yes
Opt In:Not applicable
Keywords:Employment; Immigration; Migrant Worker; Migration (Labour); Non-EU National; Trainee; Employment permit; Habitual residence condition; Ius sanguinis; Ius soli; Prior lawful residence; Registration certificate; Registration district
URL: http://www.irishstatutebook.ie/2014/en/act/pub/0026/index.html

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Key legislation

International Protection Act 2015

Single procedure - international protection

Criminal Law (Human Trafficking) (Amendment) Act 2013

trafficking of human beings

international protection

Irish Nationality and Citizenship Acts 1956-2004

citizenship - naturalisation

Immigration Act 2004

immigration - entry into Ireland (legal and illegal) - visa - residence - detention - carrier liability

Immigration Act 2003

immigration - carrier liability - border controls - deportation - detention

Immigration Act 1999

immigration - deportation - detention - exclusion

Refugee Act 1996

refugee status - non-refoulement - asylum - family reunification - Dublin Convention

Employment Permits (Amendment) Act 2014

employment permits - migrant worker - habitual residence condition

Employment Permits Act 2006

employment permits - employment of legally resident third country national - labour migration

Employment Permits Act 2003

free movement - EU citizens - EU accession 2004 - labour migration - employment permits

European Convention on Human Rights Act 2003

human rights - freedom of movement (right to) - non-refoulement - explusion

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