Written answers

Tuesday, 15 November 2022

Department of Enterprise, Trade and Employment

Work Permits

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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135. To ask the Minister for Enterprise, Trade and Employment if the appeals of persons (details supplied) can be accepted based on extenuating circumstances where an IT glitch played a role in their late submission; and if he will make a statement on the matter. [56172/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Employment Permits Section of my Department informs me that on 28thSeptember 2021 the two applications (in the details supplied) were refused.

When an employment permit application is refused, a refusal letter is issued to the applicant outlining the refusal reasons. The applicant is informed of their right to request a review of the refusal decision within 28 days of issue of the refusal letter. A request for a review of a refusal decision must be completed on the prescribed review form and this is available on the Department’s website through this link: enterprise.gov.ie/en/publications/publication-files/review-of-decision-form-rod002-18.pdf

Under Section 13 (2) of the Employment Permits Act it is not possible for appeals to be considered if they are not submitted within 28 days from the date the decision is notified to the applicant. As the appeal requests in both of the cases in the details supplied were received on 16thMarch 2022 they could not be considered as they were received outside the 28-day timeframe. On 29thMarch 2022 correspondence was issued in both cases informing the applicant of this.

The applicant is again advised to seek 90% refund of the fees paid in each case by completing and returning the mandate form issued with the refusal decisions to facilitate the processing of the refund.

In order to obtain employment permits for the non-EEA nationals concerned the employer is required to submit new General Employment Permit applications in each instance after carrying out a valid Labour Market Needs Test for an employment permit. As indicated in my earlier response on this matter, the role of horticultural worker is subject to a quota and therefore the employer is advised to submit new applications at their earliest convenience. While there is still some availability remaining in this quota, a sizable number of permits for horticulture workers have already been allocated. Once the quota for horticulture workers has been filled, no new permits will issue in respect of this role.

A checklist document has been prepared to assist applicants when applying for a General Employment Permit specifically for the role of a horticultural worker and this document can be accessed on the Department’s website through the following link: enterprise.gov.ie/en/publications/publication-files/checklist-for-horticultural-meat-dairy-general-employment.pdf

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