Employment Permits (Amendment) Act 2014: Major Immigration Reform

The Department of Jobs, Enterprise and Innovation have announced that the 2014 Act, which was enacted last July, will come in to effect as of next Wednesday the 1st October 2014. Any applicant who wishes to make an application under the present scheme must ensure that their application is received at the DJEI by the 30th September. As we have posted previously; the new act introduces many new types of work permits in line with industry demand.

There is more to the 2014 Act then work permits.

Section 34 of the 2014 Act is of major significance in the area of High Court Judicial Review; it will mean that applicants seeking to challenge the legal validity of a decision of a government body in nearly all types of immigration and asylum applications must do so in accordance with Order 84 of the Rules of the Superior Court. Applications for leave are to be taken on an ex parte basis. The time limit in which to institute proceedings will be 28 days from the date of the notification of the decision.

The current position is that decisions covered by Part V of the Illegal Immigrants (Trafficking Act) 2000 must be challenged on notice to the Respondent and within 14 days of the date of notification. This is the position with almost all decisions in international protection. There is a massive backlog of cases in the High Court Asylum list which has an approximate 3 years wait from the time the case is filed to the date of the leave hearing. All other decisions, for example any decision of the INIS or the DJEI, can be challenged on an ex parte basis within 3 months of the date of notification. Section 34 is therefore a radical overhaul of the current system.

Another interesting feature of the 2014 Act is that it allows for the responsibility of the registration of non-EU nationals to be moved from the GNIB to the INIS.

Contact Sarah

Contact Sarah McDonald solicitor if you have any queries in relation to Irish Immigration Law.

Phone: +353 (0) 1 873 5012