Visa refusal for chef de partie set aside due to failure to consider key evidence and breach of fair procedures

The High Court has quashed a decision to refuse a long stay employment visa to a non-EU national seeking to take up work as a chef de partie in Ireland, following a judicial review. The court found that the visa refusal was fundamentally flawed because the decision-maker failed to take into account material evidence, notably the grant of an employment permit by the relevant government department, and did not adequately consider supporting documentation from both the applicant’s previous and prospective employers. Additionally, the applicant was not given an opportunity to address apparent contradictions in his documentation raised for the first time on appeal, breaching fair procedures. The court also found that the reasons given for refusal—regarding the applicant’s finances and the risk of breaching visa conditions—were either unsupported by evidence or not rationally explained. Although the employment offer and permit had both expired, the proceedings were not moot as the refusal would prejudice any future applications. The visa refusal decision was therefore set aside.