Commission Acts in Disability Advocate’s Legal Challenge to Immigration Decision

The Irish Human Rights and Equality Commission (‘the Commission’) is providing legal representation to an applicant who was granted leave on Monday by the High Court to challenge an immigration decision by way of judicial review.

The applicant, who is a disability advocate and a U.S. national, is challenging the Minister for Justice’s refusal to allow her to be self-employed or start a business as a condition of her immigration permission.

The applicant contends that the Minister for Justice made a material error of fact when determining her application for a variation of her immigration permission, as the Minister contended that Stamp 1 residency cannot carry with it permission to be self-employed or start a business, when in fact the Minister can and does on occasion grant Stamp 1 with permission to be self-employed or start a business.

As the case is now sub judice (under the consideration of the Court) the Commission will make no further comment at this time.

ENDS/

For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 852 9641 / 087 468 7760
sarah.clarkin@ihrec.ie
Follow us on twitter @_IHREC

Editor’s Note

As the Irish Human Rights and Equality Commission is now formally involved in the proceedings of the case we are precluded from making any further comment as the matter is before the Court.

Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.

The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.