and it is not possible to exercise discretion in their favour
…” c. There is provision requiring applications to be refused where there is an outstanding prosecution: see Criminality , page 10. d. Under the heading Dependants on page 10, the policy states that there is “no provision” in the Immigration Rules to grant permission to work to the dependents of asylum seekers, even where the claim has been outstanding for more than 12 months. e. Provision is made for asylum seekers with existing leave which confers permission to work in its own right. Such persons are not subject to labour market access restrictions while their existing leave remains extant. 66. Page 11, headed Granting or refusing applications , deals with the substantive decision to grant or refuse permission to work. Page 11 first deals with granting applications. A series of prescriptive instructions are set out. Caseworkers “must” use the specified template letter, and the following wording “must” be used “when updating Home Office records”: • permission to work request received in [name of team] on [date] • request granted on [date] • permission to work restricted to the Shortage Occupation List (SOL) • granted on basis of: [further submissions outstanding for more than 12 months / asylum claim outstanding for more than 12 months /
- JUDGMENT
- Permission to work and volunteering for asylum seekers
- Upper Tribunal Judge Stephen Smith:
- IJ (Kosovo)
- British Oxygen Co. Ltd v Minister of Technology
- Therefore, your client does not qualify for permission to work in the UK.
- RELEVANT LAW AND POLICY
- Rostami
- Gurung) v Secretary of State for the Home Department
- R (oao) Lumba v Secretary of State for the Home Department and others
- not normally
- and it is not possible to exercise discretion in their favour
- other – give detail
- must be restricted to jobs on the Shortage Occupation List
- unless it is appropriate to make an exemption
- subject to exceptions
- from which exceptions may be made
- which may be departed from in an exceptional case
- from which the decision-maker may exceptionally
- the decision maker having the power to depart from a policy in an exceptional case
- Gurung
- not normally qualify
- Exceptional circumstances may be considered on a case by case basis. For more information on the exceptional circumstances in which discretion may be exercised see [para] 13.2
- Budd
- Negassi
- Sidabras
- R (oao Countryside Alliance and others and others) v Her Majesty's Attorney General and another
- Tekle
- SUMMARY OF DECISION
