Court of Appeal allows appeal of High Court refusal to quash the refusal of the Minister for Jobs to grant a Pakistani national an employment permit due to his inability to meet the minimum remuneration criterion stipulated by the Minister, on the grounds that the Minister had no power to require (by means of administrative scheme) that prospective employees demonstrate that they would receive a remuneration package in excess of €30,000 should an employment permit be granted.
Employment law – interpretation of a number of overlapping provisions of the Employment Permits Act 2006 – statutory interpretation – appellant seeks to overturn refusal to grant him an employment permit – ss. 8, 11,12, 14 and 15 of the 2006 Act – “criteria” applied in relation to applications for employment permits – “Criteria for eligibility” – construing the relevant provisions of s. 12 and s. 14 of the 2006 Act – Minister refused permission was because the proposed job on offer to Mr. Ali did not attract a salary of at least €30,000 – whether the Minister is entitled to prescribe such a condition by virtue of what amounts to an administrative scheme – generalia specialibus non derogant (“the general does not detract from the specific.”) – Minister had no power to require by means of administrative scheme that prospective employees demonstrate that they would receive a remuneration package in excess of €30,000 should an employment permit be granted – decision of Minister quashed – appeal allowed.