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Home Office’s Permission to Work policy declared unlawful

shawn mach
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New High Court case ....

In his ruling on Friday, Mr Justice Bourne considered the wider issues about the right to work for asylum seekers and victims of trafficking.

He found that the lack of reference to discretion to grant permission to work in the Home Office guidance created a real risk that requests for work may not be properly considered.

He said: “The limitation makes it much harder and in many cases impossible for an individual to obtain paid work. It may prevent them from working at all thereby exposing them to a risk of isolation and affecting their self-esteem.”

More:

Home Office wrong to stop asylum seekers working in UK, court rules
LJ (Kosovo), R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020)

 

shawn mach
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Via Garden Court Chambers:

Home Office work policy declared unlawful

In R (C6) v SSHD (JR/1414/2020) the Upper Tribunal declared the Secretary of State’s Work Policy (Permission to work and volunteering for asylum seekers policy, 22 May 2019) constituted an unlawful fetter on discretion admitting of no exceptions and that the individual decision was also flawed because of a failure to take into account all relevant matters ...

.... Neither party has sought permission from the Upper Tribunal to appeal to the Court of Appeal.

More: https://www.gardencourtchambers.co.uk/news/home-office-work-policy-declared-unlawful

shawn mach
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Another victory in the High Court:

In R (Cardona) v SSHD [2021] EWHC 2656 (Admin), Linden J declared the Secretary of State’s work policy for asylum seekers to be unlawful for failing to comply with s55 of the Borders, Citizenship and Immigration Act 2009.

Source: https://www.gardencourtchambers.co.uk/news/home-office-work-policy-for-asylum-seekers-breaches-s55-of-the-bcia-2009
Judgment: https://www.bailii.org/ew/cases/EWHC/Admin/2021/2656.html