Case No. UKUT-00094-(IAC)

allowed to work whilst their claim is being considered. They are instead provided with accommodation and support to meet their essential living needs if they would otherwise be destitute. The Home Office may grant permission to work in accordance with this policy to asylum seekers whose claim has been outstanding for more than 12 months through no fault of their own. Those who are allowed to work are restricted to jobs on the shortage occupation list published by the Home Office. Any permission to work granted will come to an end if their claim is refused and any appeals rights are exhausted because at that point they are expected to leave the UK. Those who are granted leave have unrestricted access to the labour market.” (Emphasis added) 63. At page 6, under the heading Relevant legislation , the relevant Immigration Rules are summarised. The summary reflects the “bright line” approach approved in Rostami . There is no mention of a discretion to depart from those rules. 64. On page 9, under the heading Considering permission to work applications , the policy states: “The following criteria are relevant and must be considered by caseworkers when deciding whether to grant permission to work…” (emphasis added) 65. There are a number of conditions precedent which an asylum seeker must fulfil in order to be granted permission to work, which are covered in the policy in the following terms. a. First, there must be an outstanding decision on protection grounds which has been outstanding for more than 12 months. See Outstanding UKVI decision on protection grounds , on page 9. b. Secondly, the delay must not be the fault of the asylum seeker. See the paragraph titled Delay, on page 9: “Permission to work must be refused where the delay was their fault.” On page 12, there is the sole express reference to the exercise of discretion in the policy, cited as an indicative example of a reason to refuse an application for permission to work. It provides: “Reasons for refusing permission to work might include the following… the delay is partly due to the claimant’s actions or inaction