Asylum seeker who received permission to access the Labour market are currently not allowed to obtain an Irish driving licence. This makes is practically impossible for them to travel to their employment and we submit interferes with the constitutional right to earn a livelihood. It also has a significant impact on their ability to attend education courses and to become independent.

There are currently a number of High Court Judicial Review challenges in relation to the lawfulness of this practice. The Irish Human Rights and Equality Commission are also seeking to be joined as amicus.

Separately, IHREC are also representing a number of asylum seekers challenging their exclusion under the Equal Status Acts – one was successful in the Workplace Relations Commission, but that decision was subsequently overturned in the Circuit Court and was recently heard in the High Court on appeal.

There is also a commitment in the Programme for Government to permit asylum seekers to obtain driving licences, so it is surprising  to note that the State is maintaining the litigation and not simply changing the statutory instrument.

The prohibition has been criticised by the Joint Committee on Justice and Equality in their Report on Direct Provision and the International Protection Application Process published last year and recommended for change by Dr Catherine Day in her briefing note on the Progress of the Expert Group on Direct Provision from June 2020.

Background to the Litigation

In 2019, Irish Human Rights and Equality Commission (IHREC) represented two asylum seekers who had been refused learner permits.. The Workplace Relations Commission found that the refusal to grant a leaner driver permit to an asylum seeker constitutes indirect discrimination.

However the Road Safety Authority appealed that decision and in July 2020, the Circuit Court in Dublin overturned that decision. Judge John O’Connor ruled that the National Driving Licence Service (NDLS), which is run by the Road Safety Authority (RSA), does not discriminate against asylum seekers on account of race.

The prohibition has been criticised by the Joint Committee on Justice and Equality in their Report on Direct Provision and the International Protection Application Process published last year and recommended for change by Dr Catherine Day in her briefing note on the Progress of the Expert Group on Direct Provision from June 2020.

This matter is now within the remit of the Minister for Transport and certain NGO’s are calling on Deputy Eamon Ryan, Minister for Transport, to remove these restrictions.

If you have any queries in relation to this matter, please don’t hesitate to contact Sinnott Solicitors to speak to our Immigration Solicitors and consultants at our Dublin or Cork offices tel 014062862 or email us at info@sinnott.ie