Asylum seekers can apply for employment permits under ‘strictly temporary’ measures

Justice Minister Charlie Flanagan

Asylum seekers can apply for employment permits under the terms of the Employment Permits Act 2003 from today under “strictly temporary measures”.

Following its ruling on asylum seekers’ right to work last May, the Supreme Court today struck down the unconstitutional absolute prohibition on employment in section 9(4) of the Refugee Act 1996.

Justice Minister Charlie Flanagan said this meant a “default position has come into place today whereby international protection applicants, as a category of non-EEA nationals, now fall under the terms of the Employment Permits Act 2003 (as amended)”.

This is only the case until the European Commission confirms Ireland’s opt-in to the EU (recast) Reception Conditions Directive, providing a new framework for asylum seekers to access work.

Mr Flanagan (pictured) said: “I would like to emphasise that these arrangements which come into place today are strictly temporary measures pending confirmation of our request to opt-in to the Recast Reception Conditions Directive.

“I look forward to the entering into force of the Directive in the State in June and will present details of the precise details of labour market access under the Directive upon completion of the Implementation Group’s work in this regard.”

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