Sobhy v the Chief Appeals Officer, Minster for Employment Affairs and Social Protection and the Attorney General

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Sobhy v the Chief Appeals Officer, Minster for Employment Affairs and Social Protection and the Attorney General
Respondent/Defendant:The Chief Appeals Officer, Minster for Employment Affairs and Social Protection, Ireland and the Attorney General
Court/s:Supreme Court
Citation/s:[2021] IESC 81
Nature of Proceedings:Appeal
Judgment Date/s:16 Dec 2021
Judge:Baker M
Category:Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Migrant (Illegally resident / staying), Regularisation
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/202b8113-c263-4b55-9f17-01d39a3c6e3c/2021_IESC_81.pdf/pdf#view=fitH

Facts: The applicant, a national of Mauritius, arrived in Ireland in 2008 under a scheme to attract foreign students. She studied and worked in Ireland lawfully until 2012. A change in the scheme required the applicant to apply for a change of status. Her two applications were refused. The applicant continued to reside and work in Ireland without an immigration … Read More

Principles:Social welfare benefits under the Social Welfare Consolidation Act 2005 cannot accrue to a person who does not have a work permit or immigration permission to be in the State, despite making the relevant statutory contributions.
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Yeasin v Minister for Business, Enterprise and Innovation

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Yeasin v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 821
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2021
Judge:Meenan C.
Category:Employment, Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Employment of LEGALLY resident third-country national (Illegal), Illegal Stay, Non-EU National, Residence Permit
Country of Origin:People’s Republic of Bangladesh
URL:https://www.courts.ie/acc/alfresco/ce8bc5de-715b-467d-8727-572767e3c75a/2021_IEHC_821.pdf/pdf#view=fitH

Facts: The applicant, a national of Bangladesh, entered the State on the basis of a student permission. This permission remained valid until the applicant was granted a residence card as a qualifying family member of his EU citizen spouse. The marriage subsequently broke down and the spouse returned to their EU country of origin. The applicant wrote to the Minister … Read More

Principles:The Minister for Business, Enterprise and Innovation has discretion to issue an employment permit where the person does not hold a current immigration permission to be in the State.
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P v the Minister for Business, Enterprise and Innovation

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P v the Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 609
Nature of Proceedings:Judicial review
Judgment Date/s:30 Jul 2021
Judge:Barrett M.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Non-EU National, Residence Permit, Third-Country National
URL:https://www.courts.ie/acc/alfresco/b0d2c886-bd5e-469b-b142-8e71c4698344/2021_IEHC_609.pdf/pdf#view=fitH

Facts: Mr P, a third-country national, initially applied to remain in Ireland as a permitted family member of an EU citizen. This application was refused and Mr P was in the process of seeking a review of this decision. As a result, Mr P did not have a permission to remain in the State. He applied for a General Employment … Read More

Principles:The Minister cannot refuse an application for a General Employment Permit on the ground that a person does not hold an immigration permission in the State, without examining the specific circumstances of the case and where there is no specific and relevant policy on examining applications for employment permits from persons without an immigration permission.
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Hussein v Labour Court & Anor

Respondent/Defendant:Labour Court & Anor
Court/s:High Court
Citation/s:Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Aug 2012
Judge:Hogan J
Category:Employment
Keywords:Employee, Employer, Employment, Employment (Illegal), Employment of ILLEGALLY resident third-country national (Illegal), Exploitation, Foreigner, Immigration (Illegal), Migrant (Illegally resident / staying), Migrant Worker, Migration (Exploitative), Third-Country National, Third-Country national found to be illegally present
Country of Origin:Pakistan
URL:http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/3f2a0cfdd0d10ccd80257a6b004e2e1b
Geographic Focus:Ireland

Facts The applicant, Mr Hussein, and the notice party, Mr Younis are Pakistani nationals and cousins. In 2002, Mr Hussein, who operates a restaurant in Ireland, recruited his cousin to work as a Tandoori chef. Mr Younis maintained that he was required to work seven days a week with no holidays, that he was paid what amounted to pocket money … Read More

Principles:

Neither the Rights Commissioner nor the Labour Court can lawfully entertain an application for relief in respect of an employment contract that is substantively illegal for want of a work permit. Undocumented migrant workers do not benefit from employment legislation, even where they are not responsible for their unlawful status.

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