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The High Court upheld the decision to refuse a general employment permit to a South African national who remained in Ireland after his visa expired. The applicant's judicial review sought to quash the Minister's decision, arguing that the discretion under statute was unlawfully fettered and that the decision lacked adequate reasoning. The court found that the Minister's decision-making process was reasoned, within the powers granted by the Act, and reasonable. The applicant had not provided evidence of efforts to regularise his immigration status, leading to the conclusion that the permit refusal was correct. The court refused the reliefs sought by the applicant.
Employment Permits Act 2006, judicial review, immigration status, discretionary power, visa overstay, regularization of status, ministerial decision, refusal of employment permit, South African national, section 12(1)(i), High Court, adequacy of reasons, administrative decision-making, discretion fettering.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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