Employment ban for asylum seekers found unconstitutional

The court’s finding in NHV v Minister for Justice could have massive legal implications for the State.

The case was brought by a man from Myanmar who has spent eight years in direct provision while unable to work under section 9 of the Refugee Act 1996, which says an applicant shall not “seek or enter employment or carry on any business, trade or profession during the period before the final determination of his or her application”.

Mr Justice Donal O’Donnell adjourned the matter for six months to allow the Oireachtas to consider the seven-judge court’s finding.