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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Hossain v Minister for Business, Enterprise and Innovation

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Hossain v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation
Court/s:High Court
Citation/s:[2021] IEHC 152
Judgment Date/s:03 Mar 2021
Judge:Barr A.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employment, Employment of LEGALLY resident third-country national (Illegal), Employment Permit, Residence Permit
Country of Origin:Bangladesh
URL:www.courts.ie/view/judgments/f2a4e33c-038a-41a3-abd3-0442605c3c72/37ebbbfc-2aaf-4f1b-9f83-4a47e10cd612/2021_IEHC_152.pdf/pdf

Facts: The applicant, a national of Bangladesh, was initially in Ireland as the spouse of an EU citizen. He held a Stamp 4 on this basis. The marriage subsequently broke down. Prior to the expiry of the applicant’s Stamp 4 permission, he applied for an employment permit. This application was refused on the grounds that at the time of application, … Read More

Principles:A person who holds a valid immigration permission is not precluded from applying for an employment permit.
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Hussein v Labour Court

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Respondent/Defendant:The Labour Court
Court/s:Supreme Court
Citation/s:[2015] IESC 58
Nature of Proceedings:Judicial Review
Judgment Date/s:25 Jun 2015
Judge:Supreme Court (Murray, Hardiman and MacMenamin JJ.)
Category:Employment
Keywords:Employee, Employer, Employment, Employment (Illegal), Employment of LEGALLY resident third-country national (Illegal), Migrant Worker
URL:https://www.courts.ie/acc/alfresco/45e62e1c-74c0-429a-9d82-ccbf464e3e89/2015_IESC_58_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Notice Party: Mohammad Younis Facts: The applicant was a restaurateur in Dublin, who employed his relative, the notice party, to carry out work in his restaurant pursuant to a contract of employment. Both of them were Pakistani nationals. The notice party brought claims against the applicant under inter alia the Organisation of Working Time Act 1995 and the National Minimum … Read More

Principles:

Where the Labour Court directs enforcement of a decision of a rights commissioner under such legislation as s. 28(8) of the Organisation of Working Time Act 1997, as amended, or s. 31(1) of the National Minimum Wage Act 2000, as amended, it is not open to the subject of such a direction to seek judicial review of it by mounting a collateral attack on the validity of the decision of the rights commissioner upon which it is based.

Should such a person be aggrieved with a decision of the rights commissioner, the correct procedure is to appeal it to the relevant forum or to seek judicial review of it.

It is not open to the High Court in judicial review to make a new finding of fact on the merits for the purpose of determining whether the original decision was right or wrong or should be upheld.

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