Case No. UKUT-00094-(IAC)

and Lutalo) v Secretary of State for the Home Department [2013] EWCA Civ 151, the Court of Appeal considered whether Article 8 was engaged by the restrictions imposed upon two asylum seekers’ access to the labour market. The court rejected the submission. At [38], Maurice Kay LJ held: “In the present cases, where it is common ground that Article 8 does not embrace a general right to work, I do not consider that the protected right to respect for private life embraces the right of a foreign national, who has no Treaty, statutory or permitted right of access to the domestic labour market, to an entitlement to work.” 88. I do not consider there to be any features of the present matter which distinguish the applicant from the positions of Mr Negassi and Mr Lutalo concerning their access to the labour market. Like Messrs Negassi and Lutalo, the applicant is a foreign national with no automatic right of access to the labour market. 89. Consideration of the authorities analysed by the Court of Appeal in Negassi underlines this conclusion. At [34] of Negassi , the court considered