Employment Permits (Amendment) Act 2014

Type Act

Publication 2014-07-27

Last updated 2022-07-22

State In force

Source Irish Statute Book

articles 39

(1G) The Minister may, in regulations under subsection (1), provide for the names of the different classes of employment permits provided for under that subsection.

(1H) Without prejudice to the generality of subsection (1A)(b), when specifying the employments for which an employment permit may be granted, including employments specified by reference to categories of employments and to one or more economic sectors, the Minister may specify such employments by reference to employments that require qualifications, experience or skills, referred to in section 15(1)(c), that are required for the proper functioning of one or more economic sectors and the Minister is satisfied that there is a shortage, referred to in section 15(1)(d), of those skills, experience or qualifications.

(1I) The Minister may, having regard to section 3A and the matters specified in section 15, make regulations providing that no permits shall be granted in respect of any purpose referred to in section 3A(2) for a period as the Minister shall specify in the regulations.

(1J) Where the Minister has made regulations under this section he or she shall from time to time carry out a review of the regulations having regard to section 15 and, without prejudice to the generality of the foregoing, the shortages and surpluses referred to in section 15(1)(d) in respect of the matters specified in the regulations pursuant to this section.

(1K) Where under subsections (1) and (1A)(a), the Minister makes regulations providing for the maximum number of employment permits that may be granted in respect of a purpose or specified employments or categories of employments, whether the maximum number is provided for on the basis of an economic sector or otherwise, the Minister shall specify a period during which that maximum number of employment permits shall be granted.”.

(3) Section 14 of the Act of 2006 is amended by substituting the following subsections for subsection (2):

“(2) In regulations under subsection (1) the Minister may, having regard to sections 3A and 14A and the matters specified in section 15, provide, in respect of each class of employment permit referred to in subsection (1), for—

(a) one or more of the matters specified in subsection (1A) other than the matters specified in paragraphs (a), (c) and (d) of that subsection, and

(b) any matter specified in subsections (1B) and (1D) to (1H),

in relation to the renewal, under section 20, of an employment permit and may, for each such class of employment permit in such regulations, make provision for such classes of employment permit in relation to any of the matters specified in paragraphs (a) and (b) in relation to such renewal that is different to the provision made by the Minister in relation to the grant of an employment permit under section 8 and may, in such regulations, make different provision for such classes of employment permit and such matters in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(2A) The following modifications apply in respect of the regulations referred to in subsection (2):

(a) the substitution of references to an application for the renewal of an employment permit for references to an application for the grant of an employment permit;

(b) the substitution of references to a condition for the grant of the renewal of an employment permit for references to a condition for the grant of an employment permit;

(c) the substitution of references to the grant of the renewal of an employment permit for the grant of an employment permit.”.

(4) Section 14 of the Act of 2006 is amended by substituting the following subsection for subsection (3):

“(3) Where regulations under subsection (1) are in force, the relevant powers of the Minister under this Act in relation to employment permits shall, subject to this Act, be exercised subject to, and in accordance with, those regulations.”.

(5) Section 14(4) of the Act of 2006 is amended—

(a) by deleting “, during a period such as is referred to in subsection (3),”, and

(b) by inserting “, subject to this Act,” after “be granted”.

(6) Section 14 of the Act of 2006 is amended by inserting the following subsections after subsection (4):

“(5) The Minister may, having regard to paragraphs (d) and (e) of section 3A(2), section 14A and the matters specified in section 15, make regulations specifying—

(a) the minimum period of employment for which a foreign national referred to in section 3D is employed with the foreign employer before an application for an employment permit may be made in respect of him or her, which period shall be not less than 1 month, and

(b) the minimum period of employment for which a foreign national referred to in section 3E is employed by the contractor before an application for an employment permit may be made in respect of him or her, which period shall be not less than 1 month.

(6) Where—

(a) the Minister is satisfied that, having regard to section 15(1)(d), there is a shortage of the skills referred to in section 15(1)(d), and

(b) those skills are required for an employment, or a category of employment, specified in regulations under this section as an employment or a category of employment for which an employment permit may be granted in respect of the purpose referred to in paragraphs (c) or (e) of section 3A(2),

the Minister may specify in regulations under this section the employments or categories of employments to which section 10A(2) shall not apply—

(i) in respect of—

(I) an employment, and

(II) a category of employment or an employment falling into a category of employment,

specified in regulations under this section as employments or categories of employment for which an employment permit may be granted for the purpose referred to in section 3(2A)(c), and

(ii) in respect of—

(I) an employment, and

(II) a category of employment or an employment falling into a category of employment,

specified in regulations under this section as employments or categories of employment for which an employment permit may be granted for the purpose referred to in section 3(2A)(e).

(7) In this Act, ‘regulatory body’ means a body which is concerned with regulating the entry to or the carrying on of, a profession or an employment in the State and includes a body established by or under any enactment.”.

18.. Insertion into Act of 2006 of new section 14A

18. The Act of 2006 is amended by inserting the following section after section 14:

“Remuneration relating to employments

14A. (1) When specifying, in regulations made under section 14, an amount of remuneration for an employment or a category of employment, the Minister may have regard to the amounts of remuneration paid in respect of different employments and categories of employment.

(2) Where—

(a) regulations under section 14 specify a minimum annual remuneration referred to in section 14(1B)(a) that shall be payable in respect of an employment as a condition for the grant of an employment permit, and

(b) the number of hours of work in each week for an employment in respect of which an employment permit may be granted as a condition for the grant of an employment permit in respect of it is—

(i) less than 39 hours in each week, the minimum annual remuneration specified in regulations under section 14 in respect of an employment as a condition for the grant of an employment permit for that employment shall not be reduced in accordance with the lesser number of hours to be worked in each week, or

(ii) greater than 39 hours in each week, the minimum annual remuneration specified in regulations under section 14 in respect of an employment as a condition for the grant of an employment permit for that employment shall be increased in proportion to the minimum hourly rate specified for the employment concerned in accordance with the number of hours, or any portion of an hour, that exceed, or exceeds, 39 hours.”.

19.. Amendment of section 15 of Act of 2006

19.(1) Section 15(1) of the Act of 2006 is amended—

(a) in paragraph (a) by—

(i) inserting “, experience” after “qualifications”, and

(ii) deleting “in the period to which the regulations concerned under section 14 will relate (the ‘relevant period’)”,

(b) in paragraph (c) by—

(i) inserting “, experience” after “qualifications”, and

(ii) deleting “in the relevant period”,

and

(i) deleting “during the relevant period,”, and

(ii) inserting “, experience” after “qualifications”.

(2) Section 15 of the Act of 2006 is amended by substituting the following subsection for subsection (2):

“(2) References in subsection (1) to qualifications, experience or skills are references to qualifications, experience or skills of employees.”.

20.. Amendment of section 16 of Act of 2006

20.(1) Section 16 of the Act of 2006 is amended in subsection (1) —

(a) in paragraph (a), by inserting “or connected person” after “the employer”,

(b) in paragraph (b) —

(i) by inserting “, connected person or relevant person” after “the employer”, and

(ii) by inserting “the Act of 2003, the Immigration Act 2004 or an enactment specified in Schedule 1,” after “this Act,”,

and

“(da) in the case of an employment permit granted for the purpose specified in section 3A(2)(b) —

(i) the primary permit holder referred to in section 3C(2)(a) has been redundant within the meaning of section 7(2) of the Act of 1967 for a period exceeding 6 months,

(ii) the employment permit granted to the primary permit holder referred to in section 3C(2)(a) has been revoked, or

(iii) the primary permit holder referred to in section 3C(2)(b) or the research project researcher referred to in section 3C(3)(b) no longer has the permission referred to in section 2(10)(d) of the Act of 2003,

(db) in the case of an employment permit granted in respect of the purpose specified in section 3A(2)(d), in the opinion of the Minister the connected person or the foreign employer has failed to—

(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform duties for, or participate in a training programme provided by, the connected person, or

(ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

(dc) in the case of an employment permit granted in respect of the purpose specified in section 3A(2)(e), in the opinion of the Minister the contractor has failed to—

(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement concerned, or

(dd) the foreign national is not, in the opinion of the Minister—

(i) employed in the employment specified, in accordance with section 9(2), in the employment permit,

(ii) employed by the person referred to in section 8(2)(a)(i), or, as the case may be, the contractor referred to in section 8(2)(a)(ii), or the person referred to in section 8(2)(a)(iii), or

(iii) employed by the foreign employer or is not carrying out the duties for, or participating in a training programme provided by, the connected person referred to in section 8(2)(b),

(de) in the opinion of the Minister, the remuneration paid, insofar as it relates to the salary referred to in paragraphs (a)(i) and (b)(i) of section 1A(1), to the foreign national is less than the national minimum hourly rate of pay or the hourly rate referred to in section 12(6)(b),

(df) without prejudice to paragraph (de), in the opinion of the Minister, the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated, pursuant to section 9(2), in the employment permit, or the deductions referred to in section 9(2), stated pursuant to that section in the employment permit, were different to the deductions made by the employer,

(dg) the statement of earnings, referred to in section 3D or section 3E, does not comply with the requirements of section 3D(1)(c) or, as the case may be, section 3E(1)(b),”.

(2) Section 16 of the Act of 2006 is amended in subsection (2) —

(a) by inserting “or, as the case may be, the connected person” after “the employer”, and

(b) in paragraph (c), by substituting “the holder or the employer or both of them, or, as the case may be, the holder or the connected person, or both of them, may” for “either or both of them may”.

21.. Amendment of section 17 of Act of 2006

21. Section 17 of the Act of 2006 is amended in subsection (1) by substituting “the holder of the permit, the employer or the connected person” for “the holder of the permit or the employer”.

22.. Amendment of section 19 of Act of 2006

22. Section 19 of the Act of 2006 is amended—

(a) in subsection (1) —

(i) by deleting “(other than on foot of an application by a foreign national)”, and

(ii) by inserting “or the connected person” after “the employer”,

and

(b) in subsection (2) by substituting the following paragraph for paragraph (c):

“(c) use the employment permit to enter into a contract of employment in respect of an employment other than the employment in respect of which it has been granted.”.

23.. Amendment of section 20 of Act of 2006

23. (1) Section 20 of the Act of 2006 is amended—

(a) in subsection (1) by—

(i) substituting “Subject to subsection (1A), the Minister” for “The Minister”, and

(ii) deleting “on application of the employer or, if the permit was granted on foot of an application by a foreign national, the holder of it,”,

(b) by inserting the following subsection after subsection (1):

“(1A) An employment permit granted in respect of the purpose referred to in—

(a) section 3A(2)(d) in respect of an employment referred to in section 3A(2)(d)(ii), and

(b) section 3A(2)(i),

shall not be renewed.”,

and

“(2A) An application for the renewal of an employment permit—

(a) may be made by the holder of the employment permit concerned or the employer, or

(b) where the application for the grant of the employment permit was made—

(i) in accordance with section 4(2)(a), in respect of an employment referred to in subsection (3B) shall be made by the contractor concerned,

(ii) in accordance with section 4(2)(b), in respect of an employment referred to in subsection (3A) shall be made by the connected person concerned, or

(iii) in accordance with section 4(2)(c), shall be made by the person referred to in section 4(2)(c).”.

(2) Section 20(3) of the Act of 2006 is amended by—

(a) substituting “subsections (3A), (3B), (4), (11)(b), (12) and (13) ” for “subsection (4) ”, and

(b) deleting “or such longer period as may be specified in regulations under section 14”.

(3) Section 20 of the Act of 2006 is amended by inserting the following subsections after subsection (3):

“(3A) In the case of the renewal of an employment permit granted in respect of an employment referred to in section 3A(2)(d)(i), where the Minister is satisfied that the duties to be carried out for the connected person will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (3C), renew the permit in accordance with this section, for the period referred to in subsection (3) or where the remaining period in which those duties are to be completed is less than the period referred to in subsection (3), for the lesser period.

(3B) In the case of the renewal of an employment permit granted in respect of the purpose referred to in section 3A(2)(e), where the Minister is satisfied that the duties to be performed in the State pursuant to the contract service agreement will not be completed on the date of the expiration of the permit that is the subject of the application for renewal, the Minister may, subject to subsection (3C), renew the permit, in accordance with this section, for the period referred to in subsection (3) or where the remaining period in which those duties are to be completed is less than the period referred to in subsection (3), for the lesser period.

(3C) The period for which an employment permit referred to in subsections (3A) and (3B) shall be in force whether granted or renewed, shall not exceed a period of 5 years from the date on which it was first granted.”.

(4) Section 20(4) of the Act of 2006 is amended by substituting “Subject to subsection (4B), if, at the date” for “If, at the date”.

(5) Section 20 of the Act of 2006 is amended by inserting the following subsections after subsection (4):

“(4A) The person making the application for the renewal of an employment permit shall—

(a) provide, with the application for renewal, information, documents and evidence as may be specified in regulations under section 29 in respect of the renewal of an employment permit, and

(b) without prejudice to the generality of paragraph (a), in the case of an application for the renewal of an employment permit referred to in subsection (3A) or, as the case may be, subsection (3B), provide, with the application for renewal, information, documents and evidence as may be specified in regulations under section 29, in respect of the payment of the additional payment referred to in section 3D(2) or 3D(3) or, as the case may be, section 3E(2) or 3E(3), during the period for which the employment permit, that is the subject of the application for renewal, has been granted.

(4B) Subsection (4) shall not apply to the renewal of an employment permit referred to in subsections (3A), (3B) and (13).”.

(6) Section 20 of the Act of 2006 is amended—

(a) in subsection (6)(a) by deleting “or 7, as appropriate”, and

(b) in subsection (8) by substituting “Sections 10, 11, 12 and 13” for “Sections 11 to 13”.

(7) Section 20 of the Act of 2006 is amended by inserting the following subsection after subsection (8):

(8A) In addition to, pursuant to subsection (8), the grounds specified in section 12 for refusing an application for renewal, the Minister may refuse to renew an employment permit if—

(a) the foreign national is not, in the opinion of the Minister—

(i) employed in the employment specified, in accordance with section 9(2), in the employment permit,

(ii) employed by the person referred to in section 8(2)(a)(i), or, as the case may be, the contractor referred to in section 8(2)(a)(ii), or the person referred to in section 8(2)(a)(iii), or

(iii) employed by the foreign employer or is not carrying out duties for, or participating in a training programme provided by, the connected person referred to in section 8(2)(b),

(b) in the opinion of the Minister, the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated, pursuant to section 9(2), in the employment permit or the deductions referred to in section 9(2), and stated, pursuant to that section, in the employment permit, were different to the deductions made by the employer,

(c) the foreign national has spent a continuous period of not less than 3 months outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

(d) without prejudice to the generality of the foregoing, the granting of the application to renew the permit would contravene regulations under section 14 in so far as those regulations make provision for, pursuant to section 14(2), the renewal of an employment permit, or

(e) the information, documents and evidence referred to in paragraphs (a) and (b) of subsection (4A) were not provided as required under those paragraphs.”.

(8) Section 20(9) of the Act of 2006 is amended by inserting the following paragraph after paragraph (a):

“(aa) in respect of section 10, construing references to—

(i) the date of the application for an employment permit as references to the date of the application for the renewal of an employment permit, and

(ii) the person who made the offer of employment as references to the employer of the foreign national in respect of whom the application for the renewal of an employment permit is made,”.

(9) Section 20 of the Act of 2006 is amended by inserting the following subsections after subsection (9):

“(10) Notwithstanding the application, under subsection (8), of section 12 to the renewal of an employment permit, the Minister may, notwithstanding section 12(3), renew an employment permit in respect of an employment that—

(a) at the date of the grant of such permit was an employment, specified in regulations under section 14, in respect of which an employment permit may have been granted or fell within a category of employment specified in regulations made under section 14 for which an employment permit may have been granted, and

(b) at the date of the application for the renewal, is an employment, or falls within a category of employment, specified in regulations made under section 14 as an employment or category of employment for which an employment permit shall not be granted.

(11) Where an application is made for the renewal of an employment permit granted in respect of the purpose specified in paragraph (c) or (d) of section 3A(2) and section 10(2A) applied in respect of such grant and, on the date the application for such renewal was made, 50 per cent or more of the employees of the employer or, as the case may be, the connected person, are not nationals referred to in section 10(2), the Minister shall not grant the renewal of the permit concerned unless—

(a) an enterprise development agency has made a recommendation referred to in section 3B in respect of that application, and

(b) the Minister is satisfied that, having regard to such recommendation, renewing the employment permit concerned will contribute to the further development of employment in the State,

and where the employment permit concerned is renewed, the period for which the employment permit is renewed shall not exceed 1 year.

(12) Where a subsequent application is made for the renewal of an employment permit that was last renewed in accordance with subsection (11)(b), the Minister shall not renew the employment permit unless 50 per cent or more of the employees of the employer, or, as the case may be, the connected person, are nationals referred to in section 10(2) and where, pursuant to that subsequent application, the employment permit concerned is renewed, the period for which it is renewed shall not exceed 2 years.

(13) Notwithstanding the application, under subsection (8), of section 10 to the renewal of an employment permit, where—

(a) an application is made to renew an employment permit that was granted for the purpose referred to in paragraph (b), (c), (f) or (h) of section 3A(2),

(b) on the day the application to renew the employment permit is made the holder in respect of whom that application is made is the sole employee of the employer concerned, and

(c) at the time the application to grant the employment permit was made, section 10(2B) applied in respect of the grant of that employment permit,

section 10 shall not apply to that application to renew that employment permit.

(14) The period for which an employment permit granted for the purpose referred to in section 3A(2)(b) may, under subsection (3), be renewed shall be the lesser of—

(a) the period referred to in subsection (3), or

(b) the period beginning on the date on which the employment permit is to be renewed and ending on the date of the expiry of—

(i) the employment permit granted to the primary permit holder referred to in section 3C(2)(a),

(ii) the permission, referred to in section 3C(2)(b), given to the primary permit holder referred to in section 3C(2)(b) to remain in the State and be in employment in the State,

(iii) the permission referred to in section 3C(3)(a), given to the research project researcher referred to in section 3C(3)(a), or

(iv) the permission, referred to in section 3C(3)(b), given to the research project researcher referred to in section 3C(3)(b) to remain in the State and be in employment in the State.

(15) Nothing in subsection (14) shall be construed as preventing an employment permit referred to in that subsection being renewed for a period that is less than the period specified in subsection (3) in circumstances other than those specified in subsection (14).

(16) Where, on or after the coming into operation of sections 7 and 23 of the Employment Permits (Amendment) Act 2014, an application is made to renew an employment permit that was in force immediately before those provisions came into operation, and—

(a) where that employment permit is renewed, it shall be renewed in respect of a purpose referred to in section 3A(2) and the Minister shall determine the purpose for which that employment permit is to be renewed having had regard to the employment in respect of which the employment permit that is the subject of the renewal had been granted and where appropriate, the foreign national concerned, and

(b) in the case of an employment permit that the Minister has determined shall be renewed for the purpose referred to in section 3A(2)(c), but the remuneration to be paid in respect of the employment that is the subject of the application for renewal is less than the remuneration specified in regulations under section 14 for that employment or the category of employment into which the employment falls, such lesser remuneration shall not, notwithstanding section 12(3), operate to prevent the Minister from—

(i) renewing that employment permit in respect of such purpose, or

(ii) renewing that employment permit pursuant to any subsequent application for renewal.

(17) Where, on or after the coming into operation of section 23 of the Employment Permits (Amendment) Act 2014, an application is made to renew an employment permit that was in force immediately before that section came into operation, notwithstanding subsection (8), section 10 shall not apply in respect of that application to renew that employment permit or to any subsequent application to renew that permit.”.

24.. Insertion into Act of 2006 of new sections 20A, 20B, 20C and 20D

24. The Act of 2006 is amended by inserting the following sections after section 20:

“Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(a)

20A. (1) This section applies to a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(a) has been granted and he or she is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

(2) Without prejudice to section 24, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within 4 weeks of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 29 and shall include the information and documents specified in section 20C.

(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which the employment permit referred to in subsection (1) was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 4 in respect of a foreign national to whom this section applies, within 6 months of the date of dismissal of that foreign national, and such application shall be for an employment permit in respect of the purpose referred to in section 3A(2)(a) for—

(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

(b) an employment for a different employment to that for which the employment permit referred to in subsection (1) was granted that is specified in regulations under section 14, in respect of the purpose referred to in subsection (1), as an employment for which an employment permit may be granted.

(4) Where—

(a) on the date an application referred to in subsection (3) is made, the type of employment referred to in subsection (3)(a) —

(i) is no longer specified in regulations under section 14 as an employment, or no longer falls within a category of employment specified in those regulations, for which an employment permit may be granted in respect of the purpose referred to in subsection (1), or

(ii) is specified in regulations under section 14 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted,

and

(b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted, was a dismissal by reason of redundancy,

the application may be made for that employment by a foreign national to whom this section applies notwithstanding that the employment is no longer an employment, or falls within a category of employment, for which an employment permit may be granted or is an employment, or falls within a category of employment specified in regulations under section 14 for which an employment permit shall not be granted.

(5) Notwithstanding section 12(3), the Minister may, subject to subsection (6), grant, under section 8, an employment permit for the employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

(a) section 12(3) shall apply in respect of any other provision or requirement, specified in regulations under section 14 that is required to be satisfied, and

(b) section 14 shall, in respect of such grant under section 8, apply in respect of any other provision or requirement specified in regulations under section 14 that is required to be satisfied.

(6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted.

(7) Having regard to the consideration, under section 11, of an application referred to in subsection (4) —

(a) the provisions of any regulations referred to in section 11(3), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and

(b) section 11(4) shall apply in respect of a provision or requirement of regulations under section 14, other than the provision referred to in subsection (4).

(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

(9) Without prejudice to section 20C, a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy.

Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(c)

20B. (1) This section applies to a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(c) has been granted and he or she is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force.

(2) Without prejudice to section 24, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within 4 weeks of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 29 and include the information and documents specified in section 20C.

(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which the employment permit referred to in subsection (1) was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 4 in respect of a foreign national to whom this section applies within 6 months of the date of dismissal of that foreign national and such application shall be for an employment permit in respect of the purpose referred to in section 3A(2)(c) for—

(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

(b) a different employment to the one for which the employment permit referred to in subsection (1) was granted that—

(i) is specified in regulations under section 14, in respect of the purpose referred to in subsection (1), as an employment for which an employment permit may be granted, or

(ii) is not an employment that is specified in such regulations as an employment for which an employment permit shall not be granted or falls within a category of employment for which an employment permit shall not be granted.

(4) Where—

(a) at the time an application referred to in subsection (3) is made the type of employment referred to in subsection (3)(a) is specified in regulations under section 14 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted, and

the application may be made in respect of that employment by a foreign national to whom this section applies notwithstanding that the employment is an employment, or falls within a category of employment, that is specified in regulations under section 14 as an employment, or category of employment, for which an employment permit shall not be granted.

(5) Notwithstanding section 12(3), the Minister may, subject to subsection (6), grant, under section 8, an employment permit for an employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

(a) section 12(3) shall apply to any other provision or requirement specified in regulations under section 14, that is required to be satisfied, and

(b) section 14 shall, in respect of such grant under section 8, apply in respect of any other provision or requirement specified in regulations under section 14 that is required to be satisfied.

(7) Having regard to the consideration, under section 11, of an application referred to in subsection (4) —

(b) section 11(4) shall apply in respect of a provision or requirement of regulations under section 14, other than the provision referred to in subsection (4).

(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

Information and documents to be provided with notification under section 20A or 20B of dismissal by reason of redundancy

20C. The information and documents to be provided to the Minister with the notification referred to in section 20A(2) and 20B(2) are—

(a) the date of dismissal,

(b) the reason for the dismissal by reason of redundancy as specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967 or in section 21 of that Act,

(c) such information and documents as may be specified in regulations under section 29 that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy, and

(d) a statement specifying whether the foreign national has surrendered the employment permit in accordance with section 24.

Sections 20A and 20B: supplemental provisions

20D. Where—

(a) an employment permit is in force immediately before the coming into operation of section 7 and section 24 of the Employment Permits (Amendment) Act 2014,

(b) following the coming into operation of those sections, a foreign national to whom such permit was granted is dismissed by reason of redundancy from the employment in respect of which the employment permit was granted, and

(i) the dismissal is a dismissal by reason of redundancy, and

(ii) having regard to the employment in respect of which the employment permit referred to in paragraph (a) has been granted, that employment permit would, had it been granted after the coming into operation of section 7 and section 24 of the Employment Permits (Amendment) Act 2014, have been granted in respect of the purpose referred to in section 3A(2)(a) or 3A(2)(c),

the foreign national to whom the employment permit referred to in paragraph (a) was granted may be treated, for the purposes of section 20A or as the case may be section 20B, as a foreign national to whom section 20A or, as the case may be, section 20B applies.”.

25.. Amendment of section 23 of Act of 2006

25. Section 23 of the Act of 2006 is amended—

(a) by deleting subsection (2),

(b) in subsection (3), by deleting “or (2) ”,

“(3A) A connected person shall not seek to recover from the holder of the employment permit any charge, fee or expense arising out of the application for the employment permit or the renewal of the permit under section 20 or any matter relating to or concerning such an application or the grant or renewal of the permit.”,

and

(d) in subsection (4), by substituting “(3) or (3A)” for “(2) or (3) ”.

26.. Amendment of section 24 of Act of 2006

26.Section 24 of the Act of 2006 is amended—

(a) in subsection (1), by deleting “(other than a permit granted on foot of an application by a foreign national)”,

(b) by inserting the following subsection after subsection (1):

“(1A) In the case of an employment permit granted for the purpose referred to in section 3A(2)(d), if—

(a) the employment of the foreign national is terminated by the foreign employer or the holder of the permit, or

(b) the foreign national ceases, for whatever reason, to carry out duties for, or participate in a training programme provided by, the connected person,

there shall be surrendered to the Minister within 4 weeks from the date of termination or cessation—

(i) by the holder — the original of the permit, and

(ii) by the connected person — the copy of the permit.”,

and

27.. Amendment of section 27 of Act of 2006

27. Section 27 of the Act of 2006 is amended—

(a) in subsection (1) by deleting “(other than a permit granted on foot of an application by the foreign national)”,

(b) by deleting subsection (2),

(c) in subsection (3) by deleting “or, in the case of a permit falling within subsection (2), the second-mentioned person in that subsection (in subsection (5)(b) referred to as the ‘second-mentioned person’)”,

(d) in subsection (4), in paragraph (c) —

(i) by substituting “one or more foreign nationals are” for “more than one foreign national is”, and

(ii) by substituting “an employment permit” for “2 or more employment permits”,

(e) in subsection (5) —

(i) by deleting “or (2) ”, and

(ii) in paragraph (b), by deleting “or, as the case may be, the second-mentioned person”,

(f) by inserting the following subsections after subsection (5):

“(5A) A connected person shall keep, in relation to the foreign national to whom an employment permit for the purpose referred to in section 3A(2)(d) has been granted, a record of the employment concerned, a record of the duties carried out by the foreign national or the training programme concerned, the duration of the employment and particulars of the permit and that record shall be kept for the period specified in subsection (5).

(5B) Where the connected person makes, pursuant to section 3D(1)(b), the payment for board and accommodation, or either of them, or health insurance, the connected person shall—

(a) keep and have available for inspection by an authorised officer exercising his or her powers under this Act the records, specified in subsection (5C) in respect of the foreign national to whom the employment permit referred to in subsection (5A) has been granted at the premises or place of business of that connected person in or at which the duties or training programme is carried out in the State, and

(b) furnish, when requested by the Minister to do so, information to the Minister concerning the records referred to in paragraph (a).

(5C) The records referred to in subsection (5B) are—

(a) records relating to the payment for—

(i) board and accommodation, or either of them, and

(ii) health insurance,

and

(b) if one or more foreign nationals are, pursuant to an employment permit granted for the purpose referred to in section 3A(2)(d), carrying out duties for, or participating in a training programme provided by, the connected person, records of the number for the time being, if any, of those foreign nationals who are nationals of a Member State referred to in subsection (4)(c)(i) or a state referred to in subsection (4)(c)(ii).”,

and

(g) in subsection (6) by substituting “, (3), (5A) or (5B)” for “, (2) or (3) ”.

28.. Amendment of section 28 of Act of 2006

28. Section 28 of the Act of 2006 is amended—

(a) by substituting the following paragraph for paragraph (a):

“(a) the name of—

(i) the foreign national in respect of whom the employment permit has been granted, and

(ii) the employer or—

(I) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(d), the connected person and the foreign employer, or

(II) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(e), the contractor and the relevant person,”,

and

(b) by substituting the following paragraph for paragraph (c):

“(c) the address of—

(i) the foreign national, as specified in the application for the employment permit, in respect of whom the employment permit has been granted,

(ii) the employer or—

(I) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(d), the connected person and the foreign employer, or

(II) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(e), the contractor and the relevant person,

and

(iii) the place at which the employment is to be carried out and where such employment is to be carried out at more than one place, the address of each such place,”.

29.. Amendment of section 29 of Act of 2006

29. (1) Section 29 of the Act of 2006 is amended in subsection (1) by inserting “and may, when making the regulations, make provision for the purposes specified in paragraphs (a) to (i) of section 3A(2) for which employment permits may be granted and the different classes of employment permit provided for in regulations under section 14(1) in respect of those purposes” after “on foot of such application”.

(2) Section 29(2) of the Act of 2006 is amended by inserting the following paragraphs after paragraph (b):

“(ba) the production to the Minister, with an application under section 4, of information and documents—

(i) as the Minister may, without prejudice to the requirement under section 6(a), specify, in respect of the employment concerned and the terms, conditions and the duration of it,

(ii) as the Minister may, without prejudice to the requirement under section 6(c), specify, in respect of the qualifications, skills, knowledge and experience, of the foreign national in respect of whom the application is made,

(iii) as the Minister may, without prejudice to the requirement under section 6(e), specify, in respect of the remuneration that is proposed to be paid to the foreign national and deductions to be made from it,

(iv) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning—

(I) any permission given to the foreign national in respect of whom the application is made by the Minister for Justice and Equality to land in the State or to be in the State, and

(II) any application, made before the date on which the application under section 4 is made, to the Minister for Justice and Equality for which the foreign national has sought permission to land in the State or to be in the State,

(v) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning the employment in the State of the foreign national in respect of whom the application is made, at the time of the application or at any other time,

(vi) as the Minister may specify concerning the identity of the foreign national in respect of whom the application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bh),

(vii) as the Minister may, without prejudice to the requirement under section 6(i), specify, in respect of the requirement under section 4(5) in relation to—

(I) the employment of any person employed in the employment that is the subject of the application in the period referred to in section 4(5), and

(II) the dismissal by reason of redundancy within that period of any person employed in the employment that is the subject of the application,

and

(viii) as the Minister may specify in respect of—

(I) without prejudice to subsection (1), the making of an application under section 4,

(II) without prejudice to the requirement under section 6, any matter specified in paragraphs (a) to (i) of section 6,

(III) the requirement under section 10 for the employees referred to in that section to be nationals of the states referred to in that section and the matters specified in section 10(2B),

(IV) without prejudice to the generality of subsection (1), a purpose specified in section 3A(2), and

(V) any other requirement under this Act that, in respect of the grant of an employment permit, is required to be satisfied;

(bb) the production to the Minister, with an application under section 20 to renew an employment permit, of information and documents—

(i) as the Minister may specify, in respect of the employment that is the subject of such application and the terms and conditions of that employment,

(ii) as the Minister may specify, in respect of the qualifications, skills and knowledge, of the foreign national in respect of whom the application is made,

(iii) as the Minister may specify, in respect of—

(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and

(II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made,

(iv) as the Minister may specify that have been issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made,

(v) as the Minister may specify concerning the permission given by the Minister for Justice and Equality to the foreign national in respect of whom such application is made to land in the State or to be in the State during the period for which the employment permit has been in force,

(vi) as the Minister may specify concerning the identity of the foreign national in respect of whom such application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bh), and

(vii) as the Minister may specify in respect of—

(I) without prejudice to the generality of subsection (1), the making of an application to renew an employment permit under section 20,

(II) without prejudice to the generality of subsection (1), the requirements under section 10, referred to in paragraph (ba)(viii)(III), in relation to an application for the renewal of an employment permit,

(III) without prejudice to the generality of subsection (1), a purpose referred to in section 3A(2), and

(IV) any other requirement under this Act that, in respect of the renewal of an employment permit, is required to be satisfied;

(bc) the production to the Minister, with an application under section 4, of documents and evidence to verify such documents—

(i) demonstrating that the person who makes the offer of employment or as the case may be the contractor, connected person or the person referred to in section 4(2)(c), is registered with the Revenue Commissioners,

(ii) where the person who makes the offer of employment is a company within the meaning of the Companies Acts, relating to the registration of the company pursuant to the Companies Acts,

(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the person who makes the offer of employment where that person has a registered business name, and

(iv) where the person who makes the offer of employment is—

(I) a limited partnership under the Limited Partnerships Act 1907, documents and such evidence relating to the registration of the limited partnership under that Act,

(II) an industrial and provident society, documents and such evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 1978,

(III) a friendly society, documents and such evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 1977, and

(IV) a trade union, documents and such evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990;

(bd) the production to the Minister with an application for a renewal of an employment permit under section 20 of documents and evidence referred to in paragraph (bc);

(be) without prejudice to paragraph (ba), in the case of an application for an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), the production to the Minister, with an application under section 4, of information and documents as the Minister may specify in respect of—

(i) the remuneration paid to the foreign national concerned,

(ii) the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration,

(iii) the translations of any information or document relating to such remuneration,

(iv) the payment to the foreign national of the additional payment referred to in sections 3D(2), 3D(3), 3E(2) and 3E(3), and

(v) the arrangements for making the additional payment referred to in subparagraph (iv),

and, without prejudice to paragraph (a), the Minister may specify the form in which such information is to be provided to the Minister;

(bf) without prejudice to paragraph (bb), in the case of an application for the renewal of an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), the production to the Minister, with an application under section 20, of—

(i) information and documents as the Minister may specify in respect of—

(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and

(ii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made,

(iii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration and tax paid by the connected person, the foreign employer, and contractor,

(iv) information and documents as the Minister may specify in respect of the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration, and

(v) information and documents as the Minister may specify in respect of the translations of any information or document relating to such remuneration,

and without prejudice to paragraph (b), the form in which such information is to be provided to the Minister;

(bg) the form of the notification referred to in sections 20A and 20B and the information and documents the Minister may require to satisfy himself or herself—

(i) that, for the purposes of sections 20A and 20B, the dismissal by an employer of a foreign national referred to in section 20A or 20B is a dismissal by reason of redundancy, and

(ii) the date on which the redundancy takes effect;

(bh) the specification of the minimum period for which a passport referred to in paragraphs (ba) and (bb) shall be in force on the date of an application for the grant, or renewal, of an employment permit;”.

(3) Section 29 of the Act of 2006 is amended by inserting the following subsections after subsection (2):

“(2A) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production, with an application for the grant or renewal of an employment permit, to the Minister of—

(a) in the case of an application for the grant or renewal of an employment permit for the purpose referred to in section 3A(2)(e), information and documents in respect of the contract service agreement concerned,

(b) in the case of an application for the grant or renewal of an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), information and documents relating to—

(i) the business carried on by a connected person and a foreign employer and the connection between the connected person and the foreign employer, and

(ii) the arrangements made by a connected person, foreign employer and a contractor for accommodation, board and health insurance referred to in section 1A(1)(b)(iii) provided for the foreign nationals,

and

(2B) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, in respect of the grant or renewal of an employment permit for the purpose referred to in section 3A(2)(b), of information, documents and evidence to verify such information, with—

(a) an application under section 4 for the grant of an employment permit, or

(b) an application under section 20 for the grant of a renewal of an employment permit,

that the Minister may reasonably require in order to satisfy himself or herself that the foreign national in respect of whom the application is made is the spouse or the civil partner, or a dependant, of a primary permit holder and satisfies the requirements of section 3C(2) or is the spouse or the civil partner, or a dependant, of a research project researcher and satisfies the requirements of section 3C(3) and in so providing may include information, documents and evidence referred to in paragraphs (a) to (j) of subsection (2C).

(2C) The information, documents and evidence referred to in subsection (2B) that may be included in regulations under this section are information, documents and evidence verifying such information and documents in respect of—

(a) the marital status of a foreign national in respect of whom an application for an employment permit for the purpose referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of marriage certificates and other documents providing evidence of such marital status,

(b) the civil partnership status of a foreign national in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of the civil partnership registration,

(c) the legal relationship, in the case of a civil partner who is a party to a legal relationship referred to in section 3(b) of the Act of 2010, of a foreign national in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of documents relating to such legal relationship,

(d) the nature of the dependence of a foreign national, in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made, on the primary permit holder or, as the case may be, th e research project researcher concerned, which may include copies of birth certificates or other documents providing evidence of the nature of such dependence,

(e) the identity of the primary permit holder and the grant to him or her of the employment permit for the purpose referred to in section 3A(2)(a),

(f) the identity of the research project researcher,

(g) the permission—

(i) given to a primary permit holder referred to in section 3C(2)(a) to be in the State and be in employment in the State,

(ii) referred to in section 2(10)(d) of the Act of 2003 given to a primary permit holder referred to in section 3C(2)(b), and

(iii) given to the foreign national in respect of whom the application for an employment permit for the purpose referred to in section 3A(2)(b) is made, to land in the State and reside in the State,

(h) in the case of a research project researcher referred to in section 3C(3)(b), the permission referred to in section 2(10)(d) of the Act of 2003 given to him or her and the permission given to the foreign national in respect of whom the application for an employment permit for the purpose referred to in section 3A(2)(b) is made, to land in the State and reside in the State,

(i) the verification, by the employer of the primary permit holder, that the primary permit holder is in employment with the employer, and

(j) the verification—

(i) that the research project researcher is carrying out research in the State pursuant to Directive 2005/71/EC by the person in the State with whom that research is being carried out, and

(ii) by the employer of a research project researcher referred to in section 3C(3)(b), of the employment of the research project researcher.

(2D) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, with an application under section 4, of information, documents and evidence to verify such information and documents as the Minister may require to satisfy himself or herself—

(a) that the exchange agreement applies to the foreign national in respect of an application for the grant of an employment permit for the purpose referred to in section 3A(2)(g), and

(b) that, in respect of the purpose referred to in section 3A(2)(i) —

(i) the third level institution outside the State confirms—

(I) that the foreign national is enrolled as a full-time student at that institution and the name and description of the course of study in which the foreign national is enrolled,

(II) the qualifications or skills with which the course of study is wholly or substantially concerned,

(III) that the employment in respect of which the application is made is wholly or substantially concerned with the course of study on which the foreign national is enrolled,

(IV) the requirement referred to in section 3A(2)(i)(iii), and

(V) that the foreign national is required to return to that institution at the end of the 12 month period in order to complete that course of study,

and

(ii) the person who has made the offer of employment concerned confirms that—

(I) the employment is for a period not exceeding 12 months, and

(II) the employment is wholly or substantially concerned with the skills or qualifications referred to in section 3A(2)(i).

(2E) The Minister may, in respect of the notification referred to in section 8(8), make regulations under this section specifying—

(a) the information and documents to be provided to the Minister that relate to the transfer, and the change of name, that arises pursuant to such transfer, of—

(i) the employer or connected person specified in an employment permit referred to in that section, or

(ii) the relevant person,

(b) the form in which the notification under section 8(8) is to be made, and

(2F) Without prejudice to subsections (1) and (2), in regulations under this section the Minister may provide for the production to the Minister, with an application for the grant or renewal of an employment permit, of information, documents and evidence to verify such information and documents concerning—

(a) compliance by a person who makes an offer of employment with an enactment, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business,

(b) compliance by a contractor, relevant person or connected person with an enactment, as the Minister may specify in the regulations, with which compliance is required by such contractor, relevant person or connected person in order to carry on his or her business,

(c) compliance by a person who makes an offer of employment with a requirement, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business, and

(d) without prejudice to paragraphs (a) and (b), compliance by a person who made the offer of employment, a contractor or connected person with the Act of 1997 that is in addition to the documents and evidence that may be specified in regulations under subsections (2)(bc)(i) and (2)(bd),

and the Minister may make different provision for different cases and different classes of cases and different circumstances and different classes of circumstances.

(2G) In regulations under this section the Minister may provide for the procedure for the payment of any fee that is to accompany an application for the grant or renewal of an employment permit.”.

30.. Amendment of section 30 of Act of 2006

30. Section 30 of the Act of 2006 is amended—

(a) by substituting the following subsection for subsection (2):

“(2) Different regulations under subsection (1) may be made in respect of different classes of matter the subject of the prescribing concerned and for different circumstances or classes of circumstances in relation to such different matters or different classes of matters.”,

(b) in subsection (4) by deleting “(other than a regulation made under section 14)”, and

31.. Amendment of section 31 of Act of 2006

31. Section 31 of the Act of 2006 is amended in subsection (1)(c) by substituting “ordinary prepaid post” for “post in a prepaid registered letter”.

32.. Amendment of section 37 of Act of 2006

32. Section 37 of the Act of 2006 is amended—

(a) in subsection (1) —

(i) by inserting the following paragraph after paragraph (a):

“(aa) the Garda Síochána;”,

and

(ii) by inserting “or the Garda Síochána” after “or, as the case may be, the Revenue Commissioners”,

and

(b) in subsection (2) —

(i) by inserting the following paragraph after paragraph (a):

“(aa) the Garda Síochána,”,

and

(ii) by inserting “or the Garda Síochána” after “or, as the case may be, the Revenue Commissioners”.

33.. Amendment of Schedule 1 to Act of 2006

33.Schedule 1 to the Act of 2006 is amended—

(a) by substituting “Unfair Dismissals Acts 1977 to 2007” for “Unfair Dismissals Acts 1977 to 2005”, and

(b) by inserting the following after “Protection of Employees (Part-Time Work) Act 2001”:

“Protection of Employment Act 1977”.

PART 4 Amendment of Illegal Immigrants (Trafficking) Act 2000

34.. Amendment of Illegal Immigrants (Trafficking) Act 2000

34. (1) The Illegal Immigrants (Trafficking) Act 2000 is amended by substituting the following section for section 5:

“Judicial review

5. (1) A person shall not question the validity of—

(a) a notification under section 3(3)(a) of the Immigration Act 1999,

(b) a notification under section 3(3)(b)(ii) of the Immigration Act 1999,

(d) a refusal under Article 5 of the Aliens Order 1946 (S.R. and O. No. 395 of 1946),

(e) a refusal under section 4 of the Immigration Act 2004,

(f) an exclusion order under section 4 of the Immigration Act 1999,

(g) a recommendation of the Refugee Applications Commissioner under section 13 (as amended by section 7(h) of the Immigration Act 2003) of the Refugee Act 1996,

(h) a decision of the Refugee Appeals Tribunal under section 16 (as amended by section 7(i) of the Immigration Act 2003) of the Refugee Act 1996,

(i) a refusal under section 17 (as amended by Regulation 34 of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013)) of the Refugee Act 1996,

(j) a decision under section 21 (as amended by section 11(1)(o) of the Immigration Act 1999) of the Refugee Act 1996,

(k) a removal order under Regulation 20(1) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006),

(l) an exclusion order under Regulation 23(1) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006),

(m) an order under section 3(11) of the Immigration Act 1999,

(n) a recommendation of the Refugee Applications Commissioner referred to in Regulation 6(2)(b) of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013),

(o) a decision of the Refugee Appeals Tribunal referred to in Regulation 8(22)(a) of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), or

(p) such other decision, determination, recommendation, refusal or order as may be prescribed by the Minister under subsection (9),

made on or after the date on which section 34 of the Employment Permits (Amendment) Act 2014 comes into operation, otherwise than by way of an application for judicial review under Order 84 of Rules of the Superior Courts (S.I. No. 15 of 1986) (hereafter in this section referred to as ‘the Order’).

(2) An application for leave to apply for judicial review under the Order in respect of any of the matters referred to in subsection (1) (hereafter in this section referred to as an ‘application’) shall be made within the period of 28 days commencing on the date on which the person was notified of the decision, determination, recommendation, refusal or making of the order concerned unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision, determination, recommendation, refusal or order is invalid or ought to be quashed.

(3) Notwithstanding the period referred to in subsection (2), rules of court may require an applicant to lodge or file with the High Court, such number of days (which shall not exceed 4 days) as may be specified in the rules before the date on which the application is to be heard, all pleadings and written submissions relating to the application.

(4) Where the High Court considers that an application involves a point of law of exceptional public importance or that, having regard to the likely impact of the proceedings on the respondent or another party, the issues arising or any other matter, it is in the interests of justice to do so, it may—

(a) direct that the application should be heard on notice,

(b) adjourn the application for such period (which shall not be less than 28 days) and on such terms as it may direct,

(c) give such directions as it thinks fit as to the service on the intended respondent and on any other person of notice of the application and copies of any documents lodged under rules of court referred to in subsection (3), and the mode of, and the time allowed for, such service, and

(d) give such other direction or make such order as it considers appropriate.

(5) The High Court, having considered an application—

(a) shall pronounce its determination of the application in public, and

(b) where it grants an application for leave to apply for judicial review in respect of a matter referred to in subsection (1), shall state, in respect of that matter, the relief granted and the grounds upon which that relief is granted.

(6) (a) The determination of the High Court of an application for leave to apply for judicial review to which this section applies, or of an application for such judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case except with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(b) This subsection shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(7) The High Court shall give such priority as it reasonably can, having regard to all the circumstances, to the disposal of proceedings in that Court under this section.

(8) The Superior Court Rules Committee may make rules to facilitate the giving of effect to subsection (7).

(9) (a) The Minister may prescribe any decision, determination, recommendation, refusal or order—

(i) made under a relevant enactment or, as the case may be, an instrument made under a relevant enactment, and

(ii) concerning the entry into, presence in, removal from or exclusion from the State of a person, the conditions under which a person may be present in the State or the entitlement of a person to international protection in the State,

to be a decision, determination, recommendation, refusal or order to which subsection (1) applies.

(b) In exercising his or her power under paragraph (a), the Minister shall have regard to the need for the fair and efficient administration of the relevant enactment concerned and the interests of justice.

‘international protection’ means protection in the State either as—

(i) a refugee, within the meaning of section 2 of the Refugee Act 1996, or

(ii) a person eligible for subsidiary protection, within the meaning of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013);

‘relevant enactment’ means—

(i) the Aliens Act 1935,

(ii) the Refugee Act 1996,

(iii) the Immigration Act 1999,

(iv) the Immigration Act 2003,

(v) the Immigration Act 2004,

(vi) the European Communities (Free Movement of Persons) Regulations 2006 and 2008,

(vii) the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), and

(viii) any Act, or instrument made under an Act, giving effect to Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013^1.”.

(2) Notwithstanding the amendment of section 5 of the Illegal Immigrants (Trafficking) Act 2000 by subsection (1), that section, before such amendment, shall continue to apply as if that amendment had not been made, in relation to—

(a) a decision, determination, recommendation, refusal or order referred to in subsection (1) of that section made before the date on which this section comes into operation, and

(b) an application for leave to apply for judicial review, or an application for such judicial review, in respect of any of the matters specified in paragraph (a) that has been made before the date on which this section comes into operation.

PART 5 Amendment of Immigration Act 2004 and Aliens Order 1946

35.. Amendment of Immigration Act 2004

35. The Immigration Act 2004 is amended—

(a) F1[…]

(b) in section 9(6), by deleting paragraph (a),

and

(d) by deleting section 14 and substituting the following:

“Provision for particular non-nationals

14. (1) The Minister, an immigration officer or a member of the Garda Síochána may, by notice in writing, require a non-national who does not have permission to be in the State to comply with any or all of the following conditions:

(a) that he or she reside or remain in a particular district or place in the State;

(b) that he or she report at specified intervals to—

(i) an officer of the Minister, an immigration officer or a member of the Garda Síochána specified in the notice, or

(ii) the registration officer of the registration district in which he or she is resident;

(c) where, and only for so long as, it is reasonably necessary to facilitate his or her removal from the State in accordance with any enactment or other law, that he or she surrender his or her passport and any other travel document that he or she holds,

and the non-national shall comply with the requirement.

(2) A non-national who contravenes this section shall be guilty of an offence.

(3) Where a non-national who is complying with a notice under subsection (1)(c), as a result of that compliance, fails to comply with the requirements of section 12(1) (as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011)—

(a) his or her compliance with the notice shall constitute reasonable cause for the purposes of section 12(2)(b), and

(b) in proceedings referred to in section 12(2)(b), a certificate signed by the Minister, an immigration officer or a member of the Garda Síochána stating that the non-national concerned was, at the time of the alleged offence under section 12, in compliance with the notice, shall, in the absence of evidence to the contrary, be proof of that fact.

(4) In this section, ‘enactment’ means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b).”.

36.. Amendment of Aliens Order 1946

36. F2[…]

PART 6 Miscellaneous

37.. Amendment of Taxes Consolidation Act 1997

37. The Taxes Consolidation Act 1997 is amended—

(a) by inserting the following section after section 124:

“ Tax treatment of payments made pursuant to an order under section 2B of Employment Permits Act 2003

124A. (1) Payments made pursuant to an order under section 2B of the Employment Permits Act 2003 shall be regarded as—

(a) profits or gains accruing from an office or employment (and accordingly tax under Schedule E shall be charged on those payments, and tax so chargeable shall be computed under section 112(1)), and

(b) emoluments to which Chapter 4 of Part 42 applies.”,

and

(b) in section 192A, by inserting the following after subsection (5):

“(5A) This section shall not apply to payments made pursuant to an order under section 2B of the Employment Permits Act 2003.”.

38.. Repeals

38. The following provisions of the Act of 2006 are repealed:

(a) section 4(4) ;

(b) section 7;

(d) section 10(1) ;

(e) section 35(2).

39.. Savings and transitional provisions

39. (1) An employment permit that is in force immediately before the coming into operation of this section shall, after such coming into operation, continue in force, for the period for which it was granted or last renewed and the Act of 2006 as amended by this Act shall apply to such permits.

(2) In the case of an employment permit continued in force under subsection (1) that was granted under section 8 of the Act of 2006 and permits the employment in the State of the foreign national in an economic sector specified in the employment permit, references to the employer of a foreign national to whom such employment permit was granted shall, until such permit expires or is revoked or renewed, be to the employer for the time being employing that foreign national pursuant to that employment permit.

(3) An employment permit continued in force under subsection (1) may be revoked and renewed under the Act of 2006 as amended by this Act.

(4) Regulations made under section 14, 29 or 30 of the Act of 2006 that are in force immediately before the coming into operation of section 17, 29or 30 as the case may be, shall continue in force after such coming into operation as if made under section 14, 29 or 30 as amended by section 17, 29 or 30 as appropriate and such regulations may be amended or revoked accordingly.

(5) Where, before the coming into operation of this section an application has been made for the grant of an employment permit but a decision in respect of the application has not been made by the Minister, then the application (other than an application referred to in subsection (6)) shall be treated as if it were an application for an employment permit under the Act of 2006 as amended by this Act and shall be dealt with accordingly.

(6) Where, by virtue of section 10(1) of the Act of 2006, section 10 of that Act does not apply to an employment permit for which an application is made before the coming into operation of this section and a decision in respect of the application has not been made by the Minister, then the application shall be treated as if it were an application for an employment permit under the Act of 2006 as amended by this Act other than in so far as the amendments relate to the repeal of section 10(1) and the insertion of section 10A of the Act of 2006 and shall be dealt with accordingly.

(7) Where evidence has been given through a live television link in accordance with section 35 of the Act of 2006 and has been video recorded in accordance with section 35(2) of the Act of 2006, the repeal of section 35(2) of the Act of 2006 by section 38(e) shall not affect the validity of such video recording in respect of the proceedings concerned where such proceedings have not been finally determined before the coming into operation of section 38(e).

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