The High Court has set aside the Minister for Justice’s decision refusing a Pakistani chef’s appeal against the refusal of a long-stay employment visa, finding errors in how the appeal was assessed. The court did not grant a visa. It directed the parties to make written submissions on the terms of the final order and costs, with the case listed for mention on 19 March 2025.
The applicant, Ahsan Raza, sought a visa to take up a chef de partie job at a kebab restaurant in Moate, Co Westmeath. He had received a two-year general employment permit, valid from 24 June 2022 to 23 June 2024. The Minister refused his visa application in August 2022 and upheld that refusal on appeal on 19 July 2023.
The appeal decision questioned whether documents proved his experience and qualifications. It cited concerns about employment letters and handwritten payslips, the absence of formal chef qualifications, and an apparent overlap between hotel employment and secondary schooling. It also said his finances were insufficient and raised a risk that he might breach visa conditions or seek to change his permission to remain.
Mr Justice Barr found that the appeal decision did not mention the employment permit. While the permit did not bind the Minister to grant a visa or settle the question of the applicant’s experience, the judgment said it was relevant and could not be ignored. The judge also found that the decision did not appear to account for the Irish employer’s job offer, proposed salary, travel support and accommodation arrangements, or consider the level of experience needed for the job at a kebab and fast-food outlet.
The court also found that the applicant should have had an opportunity to address the apparent conflict between his schooling records and the hotel’s account of his employment. The hotel letter had been submitted on appeal, and the judge said the apparent inconsistencies could have explanations and were not glaring.
The judge further held that the appeal decision did not give a credible basis for predicting that the applicant would breach visa conditions or seek to vary his permission. The reasoning on finances was also insufficient, particularly in light of the explanation for a temporary drop in his bank balance and the proposed employment and support in Ireland.
The court concluded that the proceedings were not moot even though the job offer and permit had expired. It said the refusal would remain relevant to any future visa application if left in place. The judgment set aside the appeal decision; final orders had not yet been made.