- The High Court in Ireland issued a decision concerning a rejected employment permit that was incorrectly assigned a Standard Occupational Classification code by the Reviewing Officer when there was no need for the Review Officer to assign a Critical Skills List Assignment code
The Department of Enterprise, Enterprise, Trade & Employment (‘DETE’) in Ireland issued a decision on an Appeal (a Review) of a previously rejected Critical Skills Employment permit. DETE decided that the applicant did not meet the requirements needed to satisfy an occupation listed under the Critical Skills Occupation List.
However, the Reviewing Officer identified what they believed was the appropriate SOC Code in the Review decision which was not required.
As the Reviewing Officer did identify one the Court was permitted to examine that SOC Code and found that it was irrational that this SOC Code was identified as there was no evidence that this applied to the employment in the application for the employment permit.
What are the Changes?
In the case, the High Court has confirmed that officials of the Department Business, Enterprise and Innovation are not obligated to ‘assign’ a Standard Occupational Classification System (SOC Code) to a position for the purpose of deciding whether the position falls under the Critical Skills Occupation List.
The High Court also confirmed that it is for the applicant for an employment permit to satisfy the Minister that the position for which a permit is sought is on the Critical Skills Occupation List. If the Minister is not so satisfied, then he is entitled to reject an application.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Aaron Flynn, who is the Director of Immigration – Ireland.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.