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RollingNews.ie

Supreme Court formally declares end to ban preventing asylum seekers from working

The court found the ban to be unconstitutional “in principle” last May and the cabinet agreed to lift the ban last November.

Updated at midday 

THE SUPREME COURT has formally declared that the absolute ban on asylum seekers seeking employment is unconstitutional.

The court found the ban to be unconstitutional “in principle” last May and the cabinet agreed to lift the ban last November, in line with a European directive.

The Supreme Court had said it would make its formal declaration on the issue by 9 February.

Some groups have been critical of the restrictions that will placed on employment for those seeking asylum, with the Immigrant Council of Ireland describing the limitations being placed on the scheme as a “missed opportunity”.

The group decried the decision to restrict asylum seekers from looking for work in over 60 sectors (including retail and hospitality), the fact that up to €1,000 would have to be paid for a permit and the restriction to jobs with a minimum salary of €30,000.

Speaking in the Dáil last month, Taoiseach Leo Varadkar said the government was approaching the issue in two steps, adding that the second step would go much further.

“We made a previous announcement some months ago that there would be much wider access to the labour market, including employment for positions that pay less than €30,000 a year,” Varadkar said.

“It has not been possible to do that, get the procedures in place and notify the European Commission that we are opting into the directive, so we are not going as far as we intend to go.

We are doing this in two steps, namely, this rather minimalist step first and then the almost full access, which is what we committed to, and that will be done in June.

The Irish Human Rights and Equality Commission welcomed today’s development and said it would now seek engagement with the government and the Oireachtas on the issue of conditions of access to employement.

Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission, said in a statement:

The Commission welcomes this final ruling, and is clear that the threat to human dignity posed by being deprived of any opportunity to engage in employment is not abstract or theoretical for people in direct provision.
The right to work is essential for realising other human rights and forms an inseparable and inherent part of human dignity.
The Irish Human Rights and Equality Commission, as Ireland’s National human rights institution is seeking to engage directly with Government and Oireachtas Members to ensure an effective and enduring right to work under the Constitution is put in place.

Minister for Justice Charlie Flanagan said a cross-departmental implementation group had been established and had met on a number of occasions to deal with some of the key issues which arise from Ireland’s opting-in to the EU (recast) Reception Conditions Directive 2013.

“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 directive, Flanagan said.

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.

More details on the labour access arrangements can be found in a government booklet published here.

Read: ‘Why not allow asylum seekers work where they want and pay taxes like everyone else?’ >

Read: Asylum seekers may only be allowed to work in certain jobs >

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    Mute CatManDo
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    Apr 9th 2017, 1:31 PM

    Weekly Islamic terror attacks which target Western nations and Christian communities in the Arab world. Thank your local multi cult liberal. They were warned time and time again, but nope they wouldn’t listen. They always have and will continue to stick their fingers in their ears, and scream racist at any opposition to the open border liberal agenda.

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    Mute Greg Cavey
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    Apr 9th 2017, 3:19 PM

    Was only thinking this yesterday but does Grafton street even have any bollards to prevent a truck from mowing down pedestrians? From my knowledge I don’t think it does. I know the threat level here is not likely but it wouldn’t hurt to put something in place.

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    Mute Lepanto
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    Apr 9th 2017, 5:01 PM

    @Greg Cavey:

    That would need some forward thinking on behalf of our politicians etc, they are not exactly known for that in fairness.

    Both Grafton and Henry St have easy access from main roads with heavy traffic, no bollards as far as I’m aware either, a disaster waiting to happen.

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    Mute John B
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    Apr 9th 2017, 5:08 PM

    @CatManDo: all religion poisons the minds of mankind.

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    Mute Raymond Power
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    Apr 10th 2017, 12:14 PM

    @Greg Cavey: people over here were convinced the threat was almost non existent up til friday.

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    Mute Deborah Behan
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    Apr 9th 2017, 1:24 PM

    I think he should do life in Uzbekistan not Sweden. Swedish jail would be too nice for him.

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    Mute Turk Oneeighttwo
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    Apr 9th 2017, 1:36 PM

    @Catmando…Well said Cat, accurate and perfectly captures the reality. These guys will look back in years to come and wonder just why it was so easy take over Europe.
    Then they will recall actually being invited in…in their droves…

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    Mute Lepanto
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    Apr 9th 2017, 1:49 PM

    Someone needs to asked the Swedish Police why was the terrorist not detained and deported when his residency application was rejected in the first place.

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    Mute Lepanto
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    Apr 9th 2017, 1:53 PM

    The knife Jihad that occurred in an IKEA store in Sweden 2015, well that terrorist faced deportation too.

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    Mute iMoan Brutal
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    Apr 9th 2017, 8:22 PM

    @Lepanto: Not the polices fault. Fault lies with the govt. The policy is to tell people they are being deported weeks before they are! So most run away (well duh) when the police arrive on the date set by migration, they are long gone. head of Migration has a lot to answer for. Same idiot who let I thousands of people unchecked 2 years ago.

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    Mute Mr T
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    Apr 10th 2017, 6:04 AM

    @iMoan Brutal: yeah I think a late night raid would be a better job and the satisfaction of ripping the Tossers from they’re beds and landing them
    On the next plane to whatever dive they came from.

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    Mute Banana Rama
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    Apr 9th 2017, 1:28 PM

    Go dtachtóidh an diabhal é.

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    Mute John003
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    Apr 9th 2017, 2:36 PM

    Perhaps it’s harse but anyone on a police watch list for Jahadi sympathies….Who is a asylum seeker and not a EU citizen should be deported immediately…..France has several thousand such peoole they should all be deported…If needed their home muslim countries should be paid to take them back….

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    Mute Stuart Wootten
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    Apr 9th 2017, 7:22 PM

    Trump is a genius with very special foresight. Didn’t he say a month or so back “did you see what happened in Sweden last night”?

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