The Supreme Court will declare the ban preventing asylum seekers from working here unconstitutional in February.
The five-judge court told lawyers for the State that it would make the declaration on 9 February, regardless of the progress the State has made in addressing the court’s findings on the ban.
The court found the ban to be unconstitutional “in principle” last May.
But it deferred making the declaration for six months to allow the legislature to deal with the issue.
When the case returned to court today, the State asked the court for a further postponement until March.
Lawyers for the State said the matter was complex with many issues requiring to be addressed.
The court heard that the State was in the process of opting into the EC reception directive, which contains a provision requiring member states to allow the right to work in certain circumstances.
Lawyers for the Rohingya man, who brought the successful challenge to the ban, said they would prefer the court to go ahead with the declaration today, but said the issue was for the court to decide.
Chief Justice Mr Justice Frank Clarke said the court last May, had “exceptionally” not taken the normal course of immediately declaring the provisions to be unconstitutional rendering them inoperative.
He said the court recognised there were choices to be made as to how the difficulty was to be addressed.
Mr Justice Clarke said the whole point of giving the State a time period was to allow the legislature make decisions and the court had no role in those.
He said there would be no further hearing and the court’s intention was to make a formal declaration of unconstitutionality on 9 February.