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
NVH v Minister for Justice and Equality and the Attorney General
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 |
| 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. |