Ali -v- The Minister for Jobs, Enterprise and Innovation [2016] IECA 55 (26 February 2016)

Ali -v- The Minister for Jobs, Enterprise and Innovation [2016] IECA 55 (26 February 2016)

Section 14(1)(d) of the Employment Permits Act 2006 is the specific provision governing the setting of minimum remuneration thresholds for employment permits, requiring such criteria to be set by regulation and not by administrative scheme. The Minister acted ultra vires in refusing the permit based on a remuneration threshold not established by regulation under s.14(1)(d).

Citation
[2016] IECA 55
Parties
Applicant/appellant: Nisar Ali; Respondent/respondent: The Minister for Jobs, Enterprise and Innovation
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court decision set aside
Legal Topics
Employment Permits, Statutory Interpretation, Ultra Vires, Ministerial Powers, Regulations Vs Administrative Schemes
Administrative Law Employment Law Employment Permits Statutory Interpretation Ultra Vires Ministerial Powers Regulations Vs Administrative Schemes

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Parties

Nisar Ali

Applicant/appellant

The Minister for Jobs, Enterprise and Innovation

Respondent/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Minister could lawfully refuse an employment permit application based on a minimum remuneration threshold set by administrative scheme rather than by regulation under s.14(1)(d) of the Employment Permits Act 2006
  2. 2 Proper construction and interaction of s.12 and s.14 of the 2006 Act

Ratio Decidendi

Section 14(1)(d) of the Employment Permits Act 2006 is the specific provision governing the setting of minimum remuneration thresholds for employment permits, requiring such criteria to be set by regulation and not by administrative scheme. The Minister acted ultra vires in refusing the permit based on a remuneration threshold not established by regulation under s.14(1)(d).

Court Disposition

Appeal allowed; High Court decision set aside

Orders

  • Order quashing the Minister's decision dated 13th May 2014 refusing the employment permit application