Romanian national failed to establish eligibility to claim social assistance

Judicial review – European law – workers’ rights - entitlement to job seekers allowance - Romanian national refused job seekers allowance – argued that the Minister erred in law and in fact in determining that he was required to be employed for more than 12 months and of sufficient independent resources to support himself in order to qualify for job seekers allowance - employed for two weeks – argued that he retained the status of worker, and thereby a right to reside, for a period of not less than six months – European Law – Minister argued that he has not challenged the decision to refuse him job seekers allowance – out of time – record of employment - number of applications for social assistance – refused on grounds on inadequate supporting documentation - since he came to Ireland, he has not worked for more than a year and does not have sufficient independent resources to support himself - evidence produced does not substantiate his habitual residence in the State, and led the respondent to conclude that his centre of interest was not Ireland – review of decision refused – applied for further review on the basis that he had retained a right to reside as a worker and further information furnished to the Minister – Minister argued that he had failed to challenge the initial decision - statutory procedures – he argued that a claimant could seek a revision at any time - no implied temporal limitations – review not to grant him jobseekers allowance is justiciable and capable of challenge by way of judicial review - he was employed as a casual labourer – no fixed term contract of employment – he has not been able to establish continuous employment for a period of one year prior to applying for assistance – refused judicial review.