NVH v Minister for Justice and Equality and the Attorney General

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NVH v Minister for Justice and Equality: Supreme Court ruling on ban on asylum seekers looking for work
Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2017] IESC 35
Nature of Proceedings:Appeal
Judgment Date/s:30 May 2017
Judge:O'Donnell D.
Category:Employment, Refugee Law
Keywords:Asylum, Charter of Fundamental Rights of the European Union, Employment, European Convention on Human Rights (ECHR), Pull Factor, Refugee, Refugee Law
Country of Origin:Burma
URL:https://www.courts.ie/acc/alfresco/553e0e20-ac4a-48e6-a4fa-fef5638377ac/2017_IESC_35_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: Section 9 of the Refugee Act 1996 provided that a person seeking asylum is entitled to enter the State and remain while the application for refugee status is processed. Section 9(4) also provided however, that an applicant shall not seek or enter employment before final determination of his or her application for a declaration. Pending the determination of an … Read More

Principles:

The absolute prohibition on asylum seekers seeking employment,  coupled with the absence of a maximum time limit on the processing of asylum applications, meant the prohibition was in breach of the constitutional right to seek employment.

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NHV v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Citation/s:[2016] IECA 86
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:14 Mar 2016
Judge:Finlay Geoghegan M., Hogan G.
Category:Refugee Law
Keywords:Asylum, Charter of Fundamental Rights of the European Union, Pull Factor, Refugee
Country of Origin:Burma
URL:https://www.courts.ie/search/judgments/%22%20type%3AJudgment%22%20AND%20%22filter%3Aalfresco_radio.title%22%20AND%20%22filter%3Aalfresco_NeutralCitation.%5B2016%5D%20IECA%2086%22
Geographic Focus:Other

Facts: The appellant was a Burmese national who arrived in Ireland on 16 July 2008 and applied for refugee status on the following day. By May 2013, his application for a declaration of refugee status had not been determined. There had been decisions which had been the subject of successful judicial review applications and the matter was remitted back to … Read More

Principles:

This decision establishes that asylum seekers do not have a constitutionally protected right to work and earn a livelihood in the State, and that the Minister is therefore entitled to exclude people in the asylum process from seeking or entering employment. (This decision is under appeal to the Supreme Court).

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