The High Court has rejected a claim by an international protection applicant who argued that an 18-month wait for a decision on his appeal should give him access to the Irish labour market.
The applicant, identified as B., sought international protection in May 2024. The International Protection Office refused his application in September 2024, within the six-month period relevant under Irish reception regulations. He appealed to the International Protection Appeals Tribunal in November 2024. By the High Court hearing in May 2026, he had received neither an oral hearing nor a final appeal decision.
B. had twice sought Labour Market Access Permission. His applications were rejected because his first-instance protection decision had issued within six months. He argued that Article 15(2) of the EU Reception Conditions Directive created a broader right to work where an applicant experienced undue delay at appeal stage.
Mr Justice Cian Ferriter rejected that interpretation.
The judge held that the substantive right to labour market access is contained in Article 15(1). It applies where a first-instance international protection decision has not been made within the specified period and the delay is not attributable to the applicant. Ireland has reduced the Directive’s nine-month period to six months.
Article 15(2), the court held, does not create another free-standing right. Instead, it allows Member States to decide the conditions governing access for applicants who already qualify under Article 15(1), while ensuring that access is effective.
The court also found that Article 15(3), which preserves existing labour access during certain appeals, supported that interpretation.
Mr Justice Ferriter acknowledged that different outcomes may appear unfair where one applicant narrowly misses the first-instance deadline and another receives a timely decision but waits much longer on appeal. However, he held that the distinction reflected an EU legislative policy choice.
The court found no sufficient doubt requiring a reference to the Court of Justice of the European Union and refused all relief sought.