Chinese man living here for 18 years challenges driving-licences policy
A High Court challenge has been brought against a policy which prevents undocumented persons from applying for or having a driving licence renewed.
The action has been brought by a Chinese national who has been living in Ireland for more than 18 years. He originally came to Ireland on a student visa, which expired some time ago.
He had held a valid driving licence since 2008, but when he went to renew his licence in advance of its expiration in August his application was refused by the National Drivers Licence Service because he was not able to prove his 'residency entitlement'.
The man, represented by Micheal P. O'Higgins SC, claims that following a policy change in May 2018 he must submit one of several documents, including a birth cert, public services card, passport, Irish certificate of naturalisation, before a driving licence can be renewed or issued.
The policy change, he claims was introduced by both the NDLS and the Road Safety Authority.
Counsel said that the list of acceptable documents means that all applications in respect of a driving licence made by persons not legally present in the Stae will be refused, and excludes those who do not have a valid visa.
Counsel said the change in policy is a disproportionate interference with his client's rights and offends the spirit and logic of a recent Supreme Court decision striking down as unconstitutional the ban on asylum seekers getting work.
Counsel said the man arrived in Ireland some years ago on a student visa, which has expired. He has made a life for himself working in Ireland.
Counsel said the man contends that in order to have his licence renewed all he has to show is that he is normally resident in the State.
The decision not to permit the man to renew his licence under the new policy is contrary to law, counsel said.
The action has been brought against the National Driver Licence Service, Road Safety Authority (RSA), Minister for Transport, Tourism and Sport, Ireland and the Attorney General.
In his action, the man seeks an order quashing the refusal by the National Driver Licence Service (NDLS) and the RSA of his application to renew his driving licence because he could not prove 'residency entitlement'.
He also seeks orders quashing the policy that requires applicants for drivers and renewals of licences must submit one of several documents to prove 'residency entitlement' and that his application to renew his licence be processed.
He further seeks declarations including that the policy being applied by the NDLS and the RSA is unlawful and in excess of their jurisdiction.
Permission to bring the proceedings was granted on an ex parte basis by Mr Justice Seamus Noonan. The matter will return before the court in December.
