Facts: The applicant lived in Ireland initially as a student and then on a Working Holiday Authorisation, during which time she worked as a tattoo artist. She applied for a General Employment Permit to take up a permanent position as a tattoo artist. The application was refused because the position was considered to fall on the ineligible occupations list, under SOC code 6222 for “beauticians and related occupations”. The applicant argued that the tattoo artist position was different to those that fell under beauticians and related occupations, and fell under the SOC code for artists (SOC 3411), an occupation which is eligible for an employment permit.
The review of the decision upheld the refusal of an employment permit. The applicant brought judicial review proceedings to the High Court.
Reasoning: In the judgment, O J.’Donnell held that the officer failed to engaged with the submissions made by the applicant that the classification SOC 6222 was not appropriate to the occupation of tattoo artist.
O’Donnell J further recalled that the occupation of tattoo artist or tattooist is not referred to expressly in the ineligible occupations list in Schedule 4 in the Employment Permits Act 2006, but is referred to in the UK SOC 2010 list on which it is based. However, the only reason given by decision maker was that the occupation fell under SOC 6222, and the application for an employment permit should be refused. As a result, there was a failure to give reasons for this decision.
Decision: O’Donnell J. held that the respondent failed to exercise the limited discretion required in reviewing the refusal decision. An order of certiorari quashing the respondent’s decision was granted.
