Singh v The Minister for Business, Enterprise and Innovation & anor [2018] IEHC 810 (21 December 2018)

Singh v The Minister for Business, Enterprise and Innovation & anor [2018] IEHC 810 (21 December 2018)

The review decision confirming the refusal of an employment permit was invalid because the applicant was not afforded an opportunity to make representations on the new reasons given on review, as required by fair procedures and s.13(4) of the Employment Permits Act 2006.

Citation
[2018] IEHC 810
Parties
Applicant: Gursangat Singh; First Respondent: The Minister for Business, Enterprise and Innovation; Second Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
21 December 2018
Procedural Posture
Judicial Review / Judgment on Application for Certiorari and Related Reliefs
Outcome
Application granted in part
Legal Topics
Employment Permits, Fair Procedures, Judicial Review, Stamp 4 Immigration Status
Immigration Law Administrative Law Employment Permits Fair Procedures Judicial Review Stamp 4 Immigration Status

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Parties

Gursangat Singh

Applicant

The Minister for Business, Enterprise and Innovation

First Respondent

The Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari and Related Reliefs

Legal Issues

  1. 1 Whether the applicant was lawfully refused an employment permit while holding Stamp 4 status
  2. 2 Whether the review procedure under s.13(4) of the Employment Permits Act 2006 was lawfully conducted
  3. 3 Whether fair procedures required the applicant to be heard on new reasons given on review

Ratio Decidendi

The review decision confirming the refusal of an employment permit was invalid because the applicant was not afforded an opportunity to make representations on the new reasons given on review, as required by fair procedures and s.13(4) of the Employment Permits Act 2006.

Court Disposition

Application granted in part

Orders

  • Order of certiorari quashing the decision of the first respondent dated 25 August 2017
  • Matter remitted to the first respondent for reconsideration in accordance with law