The High Court has ordered further legal submissions in a case concerning whether Turkish worker Ozcan Ozkaya was authorised to change employer under Ireland’s immigration system.
Mr Ozkaya entered Ireland in December 2019 on a student permission. He later worked for Capel Kebab Ltd, trading as Ephesus Restaurant, and a related cleaning company. In August 2022, he received a Stamp 1 immigration permission allowing him to continue working with Ephesus Restaurant under the Turkish Association Agreement.
He moved to a different employer, Jose Alves, in November 2022. When he later renewed his immigration documentation, a new Irish Residence Permit card was issued in August 2023. However, the court said it appeared that no fresh immigration permission was issued alongside it.
That gap is central to the judicial review. Mr Ozkaya argues that his later documentation allowed him to work for the new employer. The Minister maintains that the earlier employer restriction continued to apply and that the later permission was issued in error or did not authorise the change.
In March 2024, the Minister refused Mr Ozkaya a Stamp 4 permission giving broader access to employment and also refused a further Stamp 1 permission. The decision stated that his employment after leaving the Capel businesses was not legal employment for the purposes of the Turkish Association Agreement.
Mr Justice Garrett Simons said the legal mechanism by which any renewed immigration permission supposedly arose in August 2023 had not been adequately explained. Nor had the Minister explained why any such permission should remain confined to the earlier employer when officials had been told that Mr Ozkaya was working for Mr Alves.
The judge did not decide the substantive challenge. Instead, he directed both sides to file further submissions and allowed additional affidavit evidence. The Minister must file first by 15 June 2026, with Mr Ozkaya to respond by 20 July. The case is listed for mention on 21 July to fix a resumed hearing date.