The High Court has dismissed a judicial review challenge to the refusal of an Irish visa to an Egyptian engineer who had secured a Critical Skills Employment Permit.
Ms Justice Niamh Hyland ruled on 28 April 2022 that the Minister for Justice was entitled to assess Ahmed Abounar’s qualifications and work experience independently of the decision to grant his employment permit. She rejected his claim that the visa refusal was unlawful.
Abounar had applied for a visa in September 2020 to take up a job with E-Businesssoft Technologies Limited in Dublin. His wife, Walaa Marey, and minor son, Mohamed Abounar, were also applicants. The permit, granted in September 2020, covered employment only and did not give permission to enter or reside in Ireland.
The visa application was refused in October 2020. On appeal, the Minister refused the application again in February 2021, citing insufficient supporting documents, inconsistencies in the information and concerns that the visa conditions would not be observed. The appeal decision said the permit described the role as “Software Application Developer”, while an employer letter described it as “Software Engineer”. It also said Abounar had not provided evidence of sufficient qualifications or work history for the specific job.
Abounar argued that the appeal decision did not give adequate reasons and that he should have been given a chance to address concerns raised at that stage. The judge found the detailed explanation made the basis for refusal clear. She also held that officials were not required to warn him in advance about the inconsistency or seek additional material. The appeal process allowed new information, and Abounar had submitted the employer letter containing the different job title.
The judge considered the documents Abounar relied on, including an electrical engineering degree, a short programmable logic control course, an International Computer Driving Licence certificate and evidence of engineering work in Saudi Arabia. She concluded that the Minister had an adequate basis to find the material did not demonstrate qualifications or experience as a software developer or engineer.
The court also rejected the argument that granting the work permit prevented the Minister from assessing his suitability for the visa independently. The judge said the employment permit and visa processes were separate, and found that the appeal decision had considered the permit.
The court dismissed the judicial review application. It did not quash the February 2021 decision.