Raza v The Minister for Justice

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr Justice Barr
• Judgment Date: 28 February 2025
• Neutral Citation: [2025] IEHC 475
• Docket Number: [Record No. HJR 2023-1227]

Between

Ahsan Raza

Applicant

and

The Minister for Justice

Respondent

[2025] IEHC 475

[Record No. HJR 2023-1227]

THE HIGH COURT

Visa – Employment – Experience – Applicant seeking a long stay visa – Whether the applicant had submitted sufficient evidence of his competence or experience working as a chef de partie

Facts: The applicant, Mr Raza, a Pakistani national, was offered employment as a chef de partie in a kebab restaurant in Moate, Co Westmeath in June 2022. Having obtained a general permit of employment from the Department for Enterprise, Trade and Employment (DETE) permitting him to work in such capacity in Ireland, he applied for a long stay visa to reside and enter employment in the State. He was unsuccessful in his application at first instance and on appeal. The respondent, the Minister for Justice, was not satisfied that the applicant had submitted sufficient evidence of his competence or experience working as a chef de partie and was unsatisfied with the level of his finances or that he would obey the conditions that may be affixed to his visa. The applicant challenged that decision. The first ground of challenge was that the decision was flawed because it did not mention the fact that the applicant had received an employment permit from DETE allowing him to work as a chef at the restaurant. The second point of challenge concerned the issue of fairness. It was submitted that it was unfair of the decision-maker to make a point that there was a significant contradiction in the documents submitted in relation to the fact that the applicant had been working in a hotel at the time when some of the documents showed that he had been attending secondary school, when that point had never been put to the applicant.

Held by the High Court (Barr J) that the decision-maker ignored the fact that the applicant had obtained a general employment permit allowing him to work as a chef de partie in Ireland. Barr J found that no account had been taken of the fact that a restaurant owner in Ireland was satisfied that the applicant was suitably skilled or experienced to work in his restaurant as a chef de partie. Barr J found that there was no analysis of what level of chef de partie was required in this case. He found it difficult to understand how the respondent found that the applicant had not submitted sufficient documentary evidence that he had experience as a chef de partie. Barr J held that fairness dictates that when the respondent felt that inconsistencies were significant and when they could well be susceptible of explanation, the applicant should have been given some opportunity to explain them. Barr J noted that the only possible rationale given for the opinion that the applicant was likely not to adhere to the conditions attaching to the visa was the state of his finances in Pakistan; the bank statements submitted showed a very small credit balance at one stage that was explained by the fact that he had made a loan to his father to purchase a car and when that purchase fell through, the money was subsequently put back into the account. Barr J found that the accounts had been operated at a fairly healthy credit balance. He found that the basis for the conclusion that the applicant did not demonstrate that he had ‘sufficient finances’ was not apparent from the decision.

Barr J held that the applicant was entitled to an order setting aside the appeal decision of the respondent dated 19 July 2023.

Application granted.

JUDGMENT of Mr Justice Barr delivered electronically on the 28 ^th day of February 2025 .

Introduction.

1 . The applicant is a Pakistani national of 25 years of age, having been born on 13 April 1999.

2 . In June 2022, the applicant was offered employment as a chef de partie in a kebab restaurant in Moate, Co Westmeath. Having obtained a general permit of employment from the Department for Enterprise Trade and Employment (hereinafter ‘DETE’) permitting him to work in such capacity in Ireland, the applicant made an online application for a long stay visa to reside and enter employment in the State.

3 . The applicant does not possess any formal qualification as a chef. However, he submitted documentation showing that he had worked as a chef de partie since 2018, first with a hotel and latterly, and continuing up to the time of the submission of his application, in a restaurant in a different city in Pakistan. He also submitted a copy of the letter offering him employment as a chef de partie in Ireland, together with the signed contract of employment relating to that position.

4 . The applicant was unsuccessful in his application at first instance. He was also unsuccessful on appeal. In essence, the respondent was not satisfied that the applicant had submitted sufficient evidence of his competence or experience working as a chef de partie. The respondent was also unsatisfied with the level of the applicant's finances or that he would obey the conditions that may be affixed to his visa.

5 . The grounds of challenge to that decision and the grounds on which the respondent resists that challenge will be set out later in the judgment.

Background.

6 . As previously noted, the applicant obtained a general employment permit from DETE for a two-year period valid from 24 June 2022 to 23 June 2024. That permit was issued under s.3A(2)(c) of the Employment Permits Act, 2006 (as amended).

7 . On 29 June 2022, the applicant submitted his online application for a long stay D visa. As part of that application, he submitted the following documents: a signed employment visa application form; a copy of his passport, birth certificate, his family registration certificate and national identity cards, in respect of his parents and himself; a letter dated 24 June 2022 from DETE informing him that a permit had been granted in accordance with the Employment Permits Act, 2006, together with an electronic version of the two-year general work permit as a chef de partie with a Ayan K Limited; a letter from the proposed Irish employer dated 29 June 2022; a further letter from the employer dated 9 December 2015 regarding the registration of the company as a food business establishment, listing the main activities as fast food, pizza, kebab and Indian food; two contracts of employment (one signed; one unsigned); copies of his intermediate schooling results dated 22 September 2020 and a secondary school certificate dated 12 November 2018 and intermediate and secondary education certificates also dated 12 November 2018; a bank statement for a current account in the name of the prospective employer covering the period 1 June 2022 to 20 July 2022; a bank statement in the applicant's name dated 21 July 2022 covering the period from 20 September 2021 to 5 July 2022; travel and health insurance documentation; an undated letter from his employer in Pakistan, confirming that he was employed by them as a chef de partie at that time; a police character certificate dated 15 July 2022; a copy of his CV; and a Covid immunisation certificate.

8 . The certificate issued by the applicant's employer in Pakistan stated that he had been working in their restaurant as a chef de partie from 3 September 2021 to date.

9 . In a decision dated 24 August 2022, the Minister refused his application for a long stay visa. It was refused primarily on the basis that insufficient documentation had been submitted in support of the application. In addition, the decision stated that the finances disclosed on his application had been insufficient; the obligation to return to his home country was not shown, e.g. no social, economic or professional ties in his home country had been demonstrated; and there was a failure to prove that he would observe the conditions of the visa. It was stated that the visa was sought for a specific purpose and duration; the applicant had not satisfied the visa officer that such conditions would be observed.

10 . By letter dated 21 September 2022, the applicant, through his solicitor, submitted an appeal in relation to the visa refusal. In that letter, the solicitor set out extensive responses in relation to the issues raised in the first instance decision. In addition, the letter enclosed a number of further documents in support of the applicant's application for a visa, including: a letter of employment from the applicant's proposed Irish employer; a further letter showing his experience with the restaurant in Pakistan where he was working at that time; a letter showing his experience when employed by the Royalton Hotel; a signed application letter; a permission from the landlord to reside in an apartment in Ireland, with a copy of the landlord's ID papers; the applicant's bank statements and copies of the applicant's latest payslips. By further letter dated 7 July 2023, the applicant's solicitor made additional points and furnished further documentation as follows: copies of payslips from his current employer in Pakistan.

11 . The further letter that had been furnished from the applicant's current employer in Pakistan, was on headed notepaper and stated that they were again confirming that the applicant had been employed with them as a chef de partie in their restaurant since 3 September 2021 to date. They confirmed that he was employed on a full-time basis and they gave his monthly salary. The letter went on to state that they had found the applicant to be a diligent employee who attended to his duties and was highly motivated.

12 . They also stated that they have been told by him that an objection had been raised regarding the payslips that had been previously submitted due to the fact that they did not bear his job title. They confirmed that they did not normally write the job title of employees on their payslips as it was not common practice to do so in Pakistan. They went on to state that due to national revenue rules in Pakistan, they could not reproduce...