Dáil Éireann Debate, Tuesday - 10 July 2018
334. Deputy Catherine Martin asked the Minister for Justice and Equality if an asylum seeker who has been granted international protection self-employment permission may employ or enter into partnership with another asylum seeker; if this practice is restricted; if so, if this is compliant with the EU (recast) reception conditions directive, 2013/33/EU; and the relevant section that allows for such a restriction. [30899/18]
Amharc ar fhreagraArticle 15(2) of the EU (recast) Reception Conditions Directive (2013/33/EU) allows for Member States to decide the conditions for granting access to the labour market for applicants for International Protection, in accordance with national law. Under the European Communities (Reception Conditions) Regulations 2018, which transposes the Directive into Irish law, applicants for International Protection who have been granted a labour market access permission and who are self-employed cannot employ any person or carry on a business in partnership with another person.
As I am sure the Deputy will appreciate, every individual applicant is at different stage in the international protection determination process and the temporary permission to access the labour market expires as soon as the applicant receives a final decision on their application, i.e, after all appeals procedures have been exhausted. Restricting applicants from employing any other person or carrying on a business in partnership with another person, including another applicant, recognises the applicant's temporary permission to access the labour market. This protects potential employees or partners from a situation where an applicant's labour market permission expires, is otherwise withdrawn or partners who ends up with different outcomes of the protection process.
