Master prompt
Employment Permit refusal appeal — DETE Decisions on Employment Permits Section
Statutory 28-day appeal to the DETE Decisions Section under Employment Permits Act 2006 s.13. Most common Irish refusal — pre-decision evidence rebuttal is critical.
IrelandRefusalEmployment PermitDETESection 1328-day appeal
Employment Permit refusals are appealed under Section 13 of the Employment Permits Act 2006 (as amended by Employment Permits (Amendment) Act 2014 + Employment Permits Act 2024). The appeal is heard by the Decisions on Employment Permits Section of the Department of Enterprise, Trade and Employment (DETE) — an internal review, NOT a tribunal. The reviewing decision-maker must be different from the original. CRITICAL DEADLINE: 28 calendar days from the date of the refusal letter under EPA 2006 s.13(2). Late appeals are NOT generally accepted; the 28-day clock is not extendable except in narrow circumstances (Sulaimon v MJE [2012] IEHC 247 — strict construction of statutory deadlines). Draft a Section 13 appeal letter for [APPLICANT_NAME] (refused [PERMIT_TYPE] on [REFUSAL_DATE]). §1 — DEADLINE + STATUTORY FRAMEWORK (80-100 words) Quote the operative provision: "Pursuant to Section 13(1) of the Employment Permits Act 2006, the applicant respectfully requests a review of the decision of the Minister dated [REFUSAL_DATE] refusing the [PERMIT_TYPE] application in respect of [APPLICANT_NAME] / [EMPLOYER_NAME] / [OCCUPATION]. This appeal is submitted within the 28-day statutory window prescribed by Section 13(2)." Confirm submission channel: • By email to employmentpermitsappeals@enterprise.gov.ie (verify current address) • Or by post to: Decisions on Employment Permits Section, Department of Enterprise, Trade and Employment, Kildare Street, Dublin 2 §2 — DECONSTRUCT THE REFUSAL REASONS (200-240 words) For each refusal ground in [REFUSAL_REASONS], identify: (a) The specific subsection of EPA 2006 / 2014 / 2024 cited (b) The Regulations under which the requirement arises (EP Regulations 2017 + amendments) (c) The evidentiary gap the officer identified Common Section 13-appealable refusal grounds + responses: ▪ Salary below threshold (EPA 2014 s.4 + Regulations) → DETE publishes salary thresholds + reviews periodically; verify the figure in force at the date of the original application → If salary genuinely meets / exceeds threshold: provide payslip schedule, employment contract, employer's tax registration ▪ Occupation not on Critical Skills List / on Ineligible Occupations List → Both lists are reviewed by DETE; provide current list at date of decision → Reclassification under different occupation code may be available ▪ Labour Market Needs Test (LMNT) inadequately documented (GEP only) → Provide proof of advert in EURES + national newspaper + local newspaper / specialist publication → 28-day advertising period demonstrated → No suitable EEA candidate documented ▪ 50:50 rule breach (EPA 2014 s.10A) — non-EEA employees must not exceed 50% of workforce (waived for some) → Employer evidence: EEA / non-EEA staff breakdown → Limited start-up exemption may apply ▪ Employer not eligible (trading less than 2 years, tax non-compliant, etc.) → Revenue tax clearance certificate → Companies Registration Office filing compliance → Business activity evidence ▪ Genuineness of job offer doubted → Detailed job description, business need, organisational chart, project pipeline §3 — POINT-BY-POINT REBUTTAL (250-300 words) For each ground identified above: Ground 1: [Quote DETE's first ground verbatim] Response: (a) Acknowledgement — "DETE noted [specific concern]. We respectfully address this concern as follows." (b) Factual rebuttal — what was in the original file vs what DETE characterised (c) Documentary supplement — cite specific annex (d) Legal anchor — relevant EPA section / DETE policy (e) Reconciliation — explain any apparent discrepancy Ground 2: [next] [same structure] Layer in [NEW_EVIDENCE]: • Updated employer accounts / tax clearance • Revised salary offer if thresholds changed • Re-run LMNT if eligible occupation changed • Updated qualifications / experience evidence for applicant • Employer's affidavit on business need For [PERMIT_TYPE] = CSEP specifically: • Salary at or above CSEP threshold (DETE-published) • Occupation on Critical Skills Occupations List (CSOL) • Degree/qualification matching occupation • Employer 50:50 compliant • LMNT not required for CSEP — confirm not erroneously applied For [PERMIT_TYPE] = GEP: • LMNT properly conducted • Salary at or above GEP threshold • Occupation NOT on Ineligible List • 50:50 rule satisfied §4 — NEW EVIDENCE SUBMISSION (140-180 words) S.13 appeals admit new evidence that addresses the original refusal grounds (Walumba v MJE [2017] IEHC 412 — appeal is full review, not narrow legal review). Bundle [NEW_EVIDENCE] as: Annex A — Employer documents: • Updated Revenue tax clearance certificate • Latest annual accounts / management accounts • Organisational chart showing role placement • Letter from CEO/MD confirming business need + commitment Annex B — LMNT re-evidence (GEP only): • EURES advert + posting confirmation • National newspaper advert (Irish Times / Independent / Examiner) • Local / specialist publication advert • 28-day live posting period • Application log + reasons for not selecting EEA candidates Annex C — Applicant qualifications: • Degree certificates + transcripts (apostilled if foreign) • NARIC Ireland equivalency assessment (for non-Irish degrees) • Professional experience letters • Membership of professional bodies (e.g. ICAI for accountants) Annex D — Salary documentation: • Final agreed employment contract • Salary schedule including benefits • Comparator salaries for the role in Ireland (CSO / employer survey data) §5 — CLOSING + RELIEF SOUGHT (60-80 words) "In light of the above: (a) We respectfully request that the decision of [REFUSAL_DATE] be set aside (b) The Employment Permit be granted under EPA 2006 s.8 (c) Such alternative permit type be granted as the reviewer deems appropriate based on the evidence We are available for clarifying correspondence at [EMAIL] / [PHONE]. This appeal is submitted within the 28-day statutory window under EPA 2006 s.13(2)." §6 — POST-APPEAL STRATEGY (60-80 words) If S.13 appeal upheld → permit issued; proceed to long-stay visa + GNIB registration If S.13 appeal refused: • Judicial Review in High Court within 3 months (Order 84 RSC) — narrow legal-error grounds • Reapplication with materially different facts (fresh application; no S.13 doctrine of issue estoppel but cleaner if circumstances changed) • Alternative permit type via different stream — DRAFT only. Irish-qualified solicitor (Law Society of Ireland) review recommended before filing.
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