Section 9 of the Refugee Act 1996 provided that a person seeking asylum is entitled to enter the State and remain here while the application for refugee status is processed. Section 9(4) also provided however, inter alia, that an applicant shall not seek or enter employment before final determination of his or her application for a declaration. Pending the determination of an application for refugee status, applicants are required to live in State provided accommodation known as Direct Provision, and provided in addition with an allowance of €19 per week. In this particular case the applicant was in the system for more than eight years, and during that time was prohibited from seeking employment.
The Supreme Court has ruled
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