Part 1 of the Employment Permits (Amendment) Act of 2014 is preliminary and general in nature, and sets out a number of definitions of terms used in it.
Part 2 of the Act is designed to amend the Employment Permits Act 2003, arising out of the High Court’s decision in Hussein v. Labour Court [2012] IEHC 364, which overturned a decision of the Labour Court to award a third country national back-pay and other money, on the basis that his contract of employment was unlawful by reason of his failure to have an employment permit. The Act provides for a defence to a charge of having been employed without an employment permit, where it can be proved that the foreign national took all reasonable steps to ensure compliance with the section. The Act also allows the foreign national to seek compensation against an employer, despite the illegality of the contract.
Part 3 of the Act of 2014 amends the Employment Permits Act 2006 to make further provision in respect of the employment permit system. The amendments provide for inter alia different types of permits for different purposes, and additional criteria and rules for determining whether or not to grant applications for permits. Specific provisions also take account of the needs of start-up companies in that regard.
Part 4 of the Act amends s. 5 of the Illegal Immigrants (Trafficking) Act 2000 by providing for the manner by which various classes of “decisions” in the areas of international protection (asylum and subsidiary protection), immigration and free movement of persons in the context of European law can be challenged. The most significant feature is the removal of the requirement that a leave application challenging a decision covered by s. 5 had to be heard on notice. Such applications are now to to be heard ex parte, unless the court directs otherwise. The range of decisions covered by s. 5 is supplemented.
Part 5 amends the Immigration Act 2004 and Aliens Order 1946.
Part 6 contains miscellaneous provisions, including amendment of the Taxes Consolidation Act 1997.
