Employment Permit Refusal
Information and documentation are of the utmost importance to support your application for a work permit.
If, for example, a person’s job qualifications documents were not provided, the application may fail.
If all the information is not provided, an application can be refused with the sole reason being that insufficient documentation was submitted to support the application.
The visa officer assesses the merits of the application and also wants to know on the balance of probabilities that the conditions of the visa will be followed and the job undertaken etc.
Personal, economic and family circumstance information should be provided.
Document evidence needs to be provided to support your application.
The department INIS website has a document listing the documentation you need to support your application.
If your application is refused you have within 2 months only to appeal it.
Employment Permit Acts
Applicants are required to provide information regarding qualifications, skills, knowledge, experience etc.
At the date of the application, 50 % or more of the employees of the employer in question must be either nationals of European Economic Area countries, or the Swiss Confederation, or the U.K. The employer should be registered with revenue for the previous 2 years,
Refusal to Grant the Permit
The employment permits Act 2006 states if the person has failed to provide the required information or if the person does not have the qualifications, knowledge or skills for the job etc. the Minister can refuse the work visa.
There is an onus on the applicant for a visa to give all supporting documents.
The duty of the applicant is to present the relevant facts.
You must prove to the visa officer that the visa should be granted.
Judicial Review Proceedings
If a work visa permit is refused, and the appeal, the person may have the option to judicially review the original decision thereby seeking an order of certiorari ie to quash the decision.
The court can assess if the decision was rational if it was arrived at with the correct facts if fair procedures were followed etc.
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.