Inter-departmental group to examine asylum seekers’ right to work ruling

In a landmark ruling, the Supreme Court found the absolute prohibition on asylum seekers looking for employment in section 9(4) of the Refugee Act 1996 is unconstitutional.

Speaking in the Seanad yesterday, Mr Flanagan said: “The judgment raises obvious policy, legal and operational issues across a wide range of Government departments and agencies.

“To reflect the ‘whole of Government’ approach, which the judgment necessitates, I intend to seek the approval of Government to establish with immediate effect an inter-departmental Working Group to examine the implications of the judgment and to consider appropriate solutions as quickly as possible. Proposals will be brought to Government as soon as that process concludes.”

Mr Flanagan said the judgment “should not be looked at in isolation without recognising the considerable reforms that have already been made to the system of international protection”.

He said one of the “principal aims” of the International Protection Act 2015 is “to process cases as quickly as possible so that persons who are granted a permission to stay have an automatic right to work”.

Mr Flanagan concluded: “The full implications of the judgement will be examined in the coming period, including wider implications in relation to the operation of the Common Travel Area and indeed the ongoing Brexit negotiations.

“However, what can be said is that the Government, through its various measures to improve processing rates, is already moving to the stage whereby first instance decisions on status will be made as quickly as possible with persons granted status having automatic right to work.

“The dovetailing of this work with the court judgement will be examined in the coming period and I will endeavour to keep Senators informed of progress as the situation develops.”