South Korean tattoo artist challenges Minister's decision over work permit

High Court reporters

A South Korean tattoo artist has brought a High Court challenge against the refusal by the Minister for Enterprise to grant her a permit allowing her to work full-time at a Dublin tattoo studio.

The action has been brought by 32-year-old Haeseo Yoon, who has been in Ireland since 2019. She claims that the Minister's decision to deem that tattoo artists are not legally entitled to work permits amounts to an error in law.

She first came to Ireland on a student visa, which allowed her to work part-time only, and has remained here after obtaining a working holiday visa.

Ms Yoon, with an address at Buckingham Street, Dublin, has been working for Dublin-based Wildcat Ink Limited, which the court was told has been impressed with the quality of her work and would like her to work for the company on a full-time basis.

Last year, she applied for a general employment permit, which would allow her to take up the role she had been offered.

Her application to the Minister for Enterprise, Trade and Employment was turned down on the grounds that the position of tattoo artist is on the list of ineligible categories of employment permits. She claims that decision is irrational, unreasonable and amounts to an error in law.

She sought a review of that initial refusal.

However, last November she was informed that the original refusal was being upheld.

In High Court proceedings challenging that decision, Ms Yoon claims the job of 'tattoo artist' has been wrongly classified by the Minister as being in the same class as 'beauticians and related occupations', meaning she was not entitled to a work permit.

There is no reference to tattoo artists, nor anything that comes close to that occupation's job description in the list of professions deemed ineligible for employment permits, it is claimed.

She also claims tattoo artists should be considered in the same category as artists when it comes to issuing work permits.

She further claims that when considering her application, that instead of considering the merits for which the permit was sought, the Minister fettered his discretion by referring to the UK's occupational classification system.

The Minister failed to engage with submissions made by Ms Yoon and failed to explain of give full reasons why those submissions were rejected, she claims.

Represented by Aengus Ó Corráin Bl, instructed by Abbey Law Solicitors, Ms Yoon seeks various orders and declarations from the court, include an order quashing the refusal to grant her a work permit. She also seeks an order remitting the Minister's decision back for re-consideration.

The matter came before Mr Justice Charles Meenan on Monday, who granted Ms Yoon permission to bring her challenge against the Minister's decision on an ex-parte basis.

The matter will return before the courts in May.