Dáil Éireann Debate, Thursday - 8 September 2022
39. Deputy Niamh Smyth asked the Tánaiste and Minister for Enterprise, Trade and Employment if applications by companies (details supplied) will be reviewed and expedited; and if he will make a statement on the matter. [44038/22]
Amharc ar fhreagraThe Employment Permits Section of my Department informs me that on 28th September 2021, 26th November 2021 and 6th September 2022, the General Employment Permit renewal applications for the four persons concerned (in the details supplied) were refused.
In each instance, the applicant was informed of the refusal reasons and of their right to request a review of the refusal decision within 28 days from the date of issue of the refusal letter. In two of the cases an appeal was received, but after the 28 day period in which an appeal must be submitted, and therefore they could not be considered. The applicant was informed in each case of this decision. Regarding the other two cases the timeframe in which one appeal could be submitted has expired, while in the other case, it is still possible for the applicant to request a review of the refusal decision.
A request for a review of a refusal decision must be completed on the prescribed review form and this is available on the Department’s website through this link:- enterprise.gov.ie/en/publications/publication-files/review-of-decision-form-rod002-18.pdf.
The refusal to grant an employment permit does not preclude an applicant from submitting another application for an employment permit. Such an application should comply with all of the legislative requirements for the particular employment permit type.
It must be noted that due to the length of time from the expiry of the original permits in respect of two of the individuals, renewal applications cannot be considered, therefore new General Employment Permit applications are required to be submitted. A third application was incorrectly submitted as a renewal application but should always have been a new General Employment Permit application.
Under employment permit legislation 90% of the fee paid is refunded if an application is either withdrawn or refused. Applicants are advised to request a refund in respect of these three cases, by completing and returning the mandate form which will facilitate the processing of the refund.
A checklist document has been prepared to assist applicants when applying for a General Employment Permit specifically for the role of a horticultural worker and this document can be accessed on the Department’s website through the following link:- enterprise.gov.ie/en/publications/publication-files/checklist-for-horticultural-meat-dairy-general-employment.pdf.
It is important to note however that the role of a horticultural worker is subject to a quota and once the quota of 1,000 permits introduced last year has been reached no further permits will issue for this role. All applications received are dealt with in order of date of receipt, so the companies concerned are advised to submit new General Employment Permit application for this role as soon as possible.
Information in relation to each permit type, the requirement to complete a Labour Market Needs Test and a FAQ document which answers the majority of common questions is also available on the Department’s website and can be accessed through this link: enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/.
