Yoon v Minister for Enterprise, Trade and Employment

EMNireland

Respondent/Defendant:Minister for Enterprise, Trade and Employment
Court/s:High Court
Citation/s:[2024] IEHC 548
Nature of Proceedings:Judicial Review
Judgment Date/s:18 Sep 2024
Judge:O’Donnell B.
Category:Employment
Keywords:Employer, Employment, Employment Permit
Country of Origin:Republic of Korea
URL:https://www.courts.ie/acc/alfresco/f13c6568-21cd-4a00-afcf-e9cebed48869/2024_IEHC_548.pdf/pdf#view=fitH

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 … Read More

Principles:When considering whether an occupation that is not explicitly listed on the ineligible occupations list, the decision maker must provide adequate reasons and consider the exercise of discretion in the case.
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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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