Government to consider end of employment permit fees for asylum seekers

Justice Minister Charlie Flanagan will tomorrow seek Cabinet approval for a new system which could replace the temporary regime in place since February as soon as this week.

However, immigration practitioners say they will save their verdict on the new system until they see the “exact details” of his proposal.

The temporary regime took effect after the Supreme Court struck down the absolute prohibition on employment in section 9(4) of the Refugee Act 1996, eight months after ruling it unconstitutional.

But the temporary regime was criticised by NGOs and immigration lawyers who pointed out that asylum seekers would struggle to meet the high salary requirement, the wide range of ineligible sectors (including hospitality, housekeeping and food), and the requirement for a valid passport.

According to a Cabinet memo seen by The Sunday Times, the new system will be “broader and less restrictive in terms of allowed occupations, and in terms of how permission would be granted”.

Responsibility for granting employment permits to asylum seekers will also be moved from the Department of Business, Enterprise and Innovation to the Department of Justice and Equality.

Dublin solicitor Wendy Lyon, who specialises in immigration/refugee law, told Irish Legal News: “The fee isn’t even the biggest issue - the €30,000 minimum salary and exclusion of so many types of work would prevent most asylum seekers getting permits even if they were free.

“The employment permit system is riddled with problems and I don’t think slightly relaxing the rules and having them administered by another department is the answer. Why not just give them a stamp that allows them to work?”