APPROVED [2023] IEHC 332
THE HIGH COURT
JUDICIAL REVIEW
Record No.: 2021/223 JR
BETWEEN:
BALJEET SINGH
Applicant
-AND-
THE MINISTER FOR BUSINESS, ENTERPRISE AND INNOVATION
Respondent
Record No.: 2021/224 JR
BETWEEN:
JUNAID AHMAD
Applicant
-AND-
THE MINISTER FOR BUSINESS, ENTERPRISE AND INNOVATION
Respondent
JUDGMENT of Mr. Justice Rory Mulcahy delivered on the 23rd day of June 2023
Introduction
This joint judicial review involves Applicants Baljeet Singh and Junaid Ahmad, seeking certiorari to challenge the Minister for Business, Enterprise and Innovation’s decisions rejecting their Critical Skills Employment Permit applications. The core issue revolves around the alleged irrationality of the decision-maker, who categorized the positions under SOC Code 3534, leading to the conclusion that the jobs were not on the Critical Skills Occupation List.
Legislative Background
The Employment Permits Act 2006 establishes conditions for permit applications. Section 12(3) grants the Minister authority to refuse a permit if it violates relevant regulations.
Factual Background
Both applicants sought Critical Skills Employment Permits for positions with annual remuneration below €64,000, requiring classification under Schedule 3 of the Employment Permits Regulation 2017. The decisions, based on SOC Code 3534, rendered the positions ineligible.
Discussion and Decision
The Applicants assert that the decisions are irrational, as the positions do not align with SOC Code 3534. The Court concurs, finding no basis for the decision-maker’s conclusion. The irrationality in categorization affects the lawfulness of the decisions, warranting their quashing.
Outcome
The Court orders the quashing of both decisions and remits them for fresh consideration by different review officers. A mention of both proceedings is scheduled for 7 July 2023 to address any cost-related applications.
For the full case https://courts.ie/acc/alfresco/62c5679b-81d1-4726-b8b7-4e4f8c93f554/2023_IEHC_332.pdf/pdf#view=fitH
