8 Months

3 years

Refugee Convention Article 22.



In any case, restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee who



(a) He has completed three years residence in the country

can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of his or her country of nationality



- section 9(1) International Protection Act and Article 1(c) Refugee Convention

unable to live safely in any part of your own country

This is my opinion piece on this case The Case involved a Burmese Asylum Seeker who took the Minister for Justice to Court over the right to work . On 30th May 2017 to a certain extent he won his case in the Supreme Court which ruled the man should have been allowed to work and it was unconstitutional to deny this .At the time of the Supreme Court ruling on May 30th , the man had only been a refugee with official refugee status for(since Sept 2016) . Prior to this he had been an asylum seeker .Under the Refugee Convention the State is well within its rights to withold employment to a refugee for a period ofto protect the labour marketIn the judges ruling he mentions a number of contributing factors that led him to his decision.The Judge talks about the length of time the man was in the system and the man's own testimony about being depressed etc .However , the man had received 2 decisions on his application within 12 months of first arriving (Dec 2008 and July 2009)Both decisions were negative and told the man in no uncertain terms that he was not a refugee under united nations declaration on refugees and thus not entitled to be in Ireland .Now , at this stage , the man could have left Ireland and returned home to Burma .The man chose to fight on through the courts lengthy legal battles at great expense to the Tax Payer that resulted in him spending another '7 years' in Ireland .That was the man's own decision , if he was depressed as a result , that was entirely of his own making but he could have left after 12 months , when his first appeal was rejected.The Judge then refers to 'a right to work' in the Irish Constitution . The Irish Constitution gives rights only to Irish Citizens . This man is not an Irish Citizen and also there is no 'right to work' listed in our constitution .The Current Situation in Burma / Myanmar shows the only trouble spot to be in the far North East of Shan State on the Chinese border. In terms of travel warnings , Most of Burma shows green , the same as India and thailand .Under both section 9(1) of the International protection act 2015 and Article 1 of the Refugee Convention , a person shall cease to be a refugee if he or she -Furthermore , the Irish Immigration Service states that you are only entitled to asylum if you are :In Conclusion , this man had been refused asylumby highly skilled and trained solicitors and barristers specialised in dealing with asylum claims .The evidence ways heavily against the man in terms of him being a genuine refugee .It has cost the tax payer millions and is very worrying that somebody can frustrate the system to such an extent and be rewarded at the end of it .It sends a message to the world that Ireland is a soft touch on matters of migration and the decision of the Judge depending on what way its handled by the state could act as a pull factor for even more people pretending to be refugees .In 2015 , ORAC statistics show that 95% of all asylum seekers to Ireland were deemed not genuine and had their intitial applications rejected , this was reduced slightly to 80% in 2016 . But still a huge huge figure .At the end of the day , every society only has so many jobs , so many houses , so many hospital beds , so many school places , you need to have some sort of immigration controls in place to maintain order in society .If you tell people that they can come and work without any paperwork and in addition you will feed them , accomodate them , give them a medical card and send their children to school , as witnessed in Sweden , you will see a massive increase in migration .The Children of Irish Citizens will suffer as a result as everybody is competing for dwindling resources and the quality of life for everybody just keeps going down and down and down .As it is , many of our children are already emigrating to find decent paying jobs that will afford them a home and the ability to maybe start a family .The Irish Government needs to start thinking about its own citizens rather than obsessing over the welfare of citizens from other countries and being politically correct .