A ruling by the Supreme Court that the absolute ban on asylum applicants seeking employment is ‘in principle’ unconstitutional could have implications for the asylum process in Ireland.
The court ruled unanimously in favour of the appeal of a Burmese man, who spent eight years in the direct provision system and challenged the ban preventing him from working.
The court found “that in circumstances where there is no temporal limit on the asylum process, then the absolute prohibition on seeking of employment” as set out in the 1996 Refugee Act (and replicated in the International Protection Act 2015) “is contrary to the constitutional right to seek employment”.
The matter is adjourned for six months to allow the legislature consider how to address the situation.
For more information:
See Summary of NVH v Minister for Justice & Equality and ors judgment
