The Court of Appeal (CoA) has passed a judgement stating that the Minister for Justice must reassess the visa application of an Egyptian software engineer, as it falls under the category of ‘critical skills’. This ruling goes against a previous verdict by the High Court which had dismissed an appeal against a visa rejection for the engineer and his family.
In September 2020, the engineer was given a critical skills employment permit by the Minister for Business, Enterprise and Innovation, following a job offer from a Dublin-based tech firm. Yet, as Egypt is designated as a country which requires a visa, he had to apply to the Department of Justice to lawfully reside.
During the visa application process, he was informed that he might need to supply information on his professional credentials and prior work experience. His visa was ultimately denied due to an alleged shortage of suitable paperwork and a lack of compliance with a condition relating to the visa’s intended purpose and duration.
Subsequently, the software engineer confronted the decision, arguing that all relevant documents relating to his employment contract and qualifications had been approved by the Department of Enterprise, Trade and Employment. He also assured that his family would not depend on the State’s support and that he had the financial means to care for them.
Further, he provided an employment letter that, besides his €65,000 annual wage, affirmed his health insurance would be covered by his employer. Additionally, he offered a letter from a Saudi Arabian employer where he had been employed as an engineering manager in marine services and earning a near €50,000 yearly income (205,000 riyals) since 2014.
However, his appeal was turned down on the grounds of insufficient documentation and lack of proof to validate his work experience or qualifications as a software engineer. A point of confusion surfaced regarding the precise nature of his role in the Dublin tech firm.
In response, he initiated judicial review proceedings in the High Court, arguing that the reasons provided for the visa denial were inadequately justified and seemed irrational or unreasonable.
In April 2022, his plea was dismissed by the High Court, citing sufficient grounds for rejection among other factors. Nevertheless, he didn’t accept defeat and appealed the verdict. On Wednesday, the Court of Appeal, comprising of three judges, conceded to his appeal and asserted that the issue should now be reassessed by an alternative authority within the Justice Department.
Speaking for the Court of Appeal, Ms Justice Mary Faherty claimed he was not subject to just proceedings concerning his visa application, particularly with regard to the details he provided. She also took into account that there was an oversight in pinpointing the alleged inadequacies in his credentials and professional background prior to the refusal decision being issued.