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High Court, in judicial review proceedings seeking to quash Minister's decision to refuse an employment permit to the applicant for the position of 'trainee accountant', finds that: despite the governmental department making use of and referring to certain UK codes/classifications of job titles and descriptions for the purposes of granting employment permits, the Minister is not bound by such codes in the exercise of his statutory role in deciding on the grant of such permits; the applicant's application itself demonstrably did not satisfy the requirements for the grant of a permit in the first instance; and in such circumstances, the court has no power to ignore the plain meaning of the wording of the applicable employment permit regulation itself.
Judicial review - certiorari - decision to refuse application for employment permit - trainee accountant position - stamp 2 resident - employment permits regulations classification system - employment permits legislative provisions - employment permits regulation - categorisations - failure to disclose prior application made on applicant's behalf for an employment permit - whether reliefs should be refused due to lack of candour - duties of role - 'trainee' status - job description - use of codes under regulation - whether Minister bound as a matter of law by decisions of another jurisdiction deriving from codification of job titles which change over time - standard occupational classification system (SOC) - website advertising details of job descriptions - inadequate evidence of UK classifications binding Minister - no fettering of respondent's powers under regulations by codes from another jurisdiction - form versus substance of application for employment permit - statutory interpretation - intention of Oireachtas - application dismissed
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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