Business

Egyptian software engineer’s ‘critical skills’ visa application should be reconsidered, court rules

Court of Appeal overturns High Court decision upholding refusal to grant visa for man and his family after he obtained employment permit

Ms Justice Mary Faherty, on behalf of the Court of Appeal, said the man did not receive fair procedures in consideration of his visa application. Photograph: Bryan O'Brien/The Irish Times

Wed Mar 13 2024 - 20:39

The Court of Appeal (CoA) has ruled an Egyptian software engineer’s application to come here as a “critical skills” employee should be reconsidered by the Minister for Justice.

The CoA overturned a High Court decision rejecting a challenge to the Minister’s refusal to grant the man and his family visas to come here after he had obtained a critical skills employment permit.

In September 2020, the man was granted the permit by the minister for business, enterprise and innovation after he secured an offer of employment with a Dublin tech company.

However, in order to live here, he had to also apply to the Department of Justice for a visa because Egypt is a visa-required country.

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He was told he would be required as part of that application to submit evidence of his professional qualifications, if required, as well as evidence of previous work experience, if required.

However, his visa application was rejected on the basis that he had supplied insufficient documentation and in meeting a condition relating to the specific purpose and duration for which the visa was required.

He appealed that to a visa appeals officer, arguing – among other things – that all his paperwork on his contract and qualifications had been submitted and approved by the Department of Enterprise, Trade and Employment.

He undertook that he and his family would not be a burden on the State “under any circumstances” and that he had enough funds to provide for them.

He also provided his offer of employment letter stating that, as well as the €65,000-a-year salary he was being offered, his health insurance would be paid for by the company.

He further provided a letter from an employer in Saudi Arabia where he had worked since 2014 as an engineering manager in marine services on an annual salary of nearly €50,000 (205,000 riyals).

The appeal was rejected on grounds including the level of documentation he provided and that he had not provided any evidence he had a sufficient work history or qualifications to work as a software engineer. It was stated there appeared to be some confusion as to exactly what his role would be in the Dublin software firm.

He then brought High Court judicial review proceedings claiming inadequate reasons were provided for the visa refusal and that it was irrational or unreasonable.

In April 2022, the High Court rejected his challenge, finding – among other things – adequate reasons had been given for the refusal.

He appealed and on Wednesday the three-judge CoA allowed the appeal and said the matter must now be reconsidered by a different decision-maker within the Department of Justice.

Ms Justice Mary Faherty, on behalf of the CoA, said he did not receive fair procedures in consideration of his visa application, in particular in relation to the information he supplied.

She also found there was a failure, prior to the issuing of the refusal decision, to highlight the claimed deficiencies in his qualifications and work experience.

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