Employment Permits Act 2024

Consideration by Minister of application

18. (1) In considering an application for an employment permit, the Minister shall, subject to subsection (3), have regard to—

(a) the extent to which a decision to grant the permit would be consistent with economic policy for the time being of the Government,

(b) whether the knowledge and skills and, where appropriate, the qualifications and experience referred to in section 13 (b) are required for, or relevant to, the employment concerned,

(c) such of the other matters referred to in section 12 or 13 as are relevant to the application,

(d) if any of the provisions of section 32 or 33 fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a provision or provisions, and

(e) the different purposes, specified in section 9 (2), for which an employment permit may be granted.

(2) In considering an application for an employment permit, the Minister may take such steps as he or she considers necessary to establish the accuracy or authenticity of the information provided in respect of the application.

(3) Where the Minister is of the opinion that the application is incomplete in any material respect, the Minister may return the application, together with any documentation received, to the applicant, and where the Minister does so, he or she shall—

(a) notify the applicant in writing of the matters that are incomplete and that the application will not be considered, and

(b) return a prescribed portion of the fee to the person who paid the fee or a person referred to in subsection (4).

(4) The person who paid the fee referred to in subsection (3)(b) may nominate a person to whom the portion of the fee is to be returned to in the case where such fee is to be returned.

(5) The Minister may give priority to the consideration of applications for employment permits in respect of such of the purposes referred to in section 9 (2) as he or she deems appropriate having regard to the demands of the economy and the skills required in certain economic sectors or employments in the State.

(6) This section is subject to any regulations made under section 47 or 50 that apply in relation to the application concerned and nothing in this section authorises the Minister to make a decision on an application for a grant of an employment permit that he or she would not be authorised to make by reason of the operation of those regulations.