Self-employed nationals of Bulgaria and Romania were not entitled to jobseeker’s allowance

Judicial review – applicants seeking order quashing decision of Minister to refuse their application for jobseeker’s allowance – applicants from Bulgaria and Romania, self-employed in Ireland for 3+ years but currently out of work - both applicants available for and actively seeking work – habitual residence in Ireland is a condition for qualifying for jobseeker’s allowance – whether applicants could have habitual residence in Ireland if no longer had right to reside in Ireland – whether applicants had right to reside in Ireland if no longer had work – whether applicants retained self-employed status – European law – freedom of movement - whether the consideration of their application was erroneously premised on the provisions of Directive 2004/38 - applicants seeking declaration that they should be assessed for social welfare support on basis that they retain status of self-employed persons – Regulation 883/2004 – Art. 6(2)(c)(ii) European Communities (Free Movement of Persons) (No.2) Regulations – Art.7(3)(b) Directive 2004/38/EC – whether applicants retain right to reside in Ireland pursuant to the Treaty on the Functioning of the EU – guarantee of equal treatment in Art.3 Regulation 883/2003 – whether jobseeker’s allowance is social security or social assistance – whether respondent should have considered their applications under Regulation 388/2004 – whether persons who had been self-employed in the State retained a right to reside – court accepts that the provision that those without a right to reside in the State should not have access to social welfare entitlements is indirectly discriminatory but objectively justified – proportionate to the legitimate aim of best using the limited resources of the State – question as to whether the applicants are still self-employed does not arise – neither applicant employed any longer – never employed by anyone in the State – court fails to see significance of whether jobseeker’s allowance is social security or social assistance – applicants would be a financial burden upon the State – applicants not entitled to the reliefs sought.